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Bungoma County Defeated in Land Dispute with Former Provincial Commissioner

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Nyakundi Report

Newsroom 1 min read

This archive report was first published on 20 October 2019.

Published on October 20, 2019, a former provincial commissioner (PC) has emerged victorious in a land dispute with the Bungoma County government.

Maurice Makhanu, who served as the PC for North Eastern Province in the Kanu government, has had his title deed to the land located in Bungoma town upheld by the High Court.

The county government had attempted to evict Makhanu from the land, citing plans to construct a school library. However, Makhanu defied the order, citing a 99-year lease for the land dating back to March 1997, which was signed by the Land Registrar in Bungoma.

According to court documents, Makhanu had attended a town planning committee meeting on October 6, 2008, called by the defunct Bungoma municipal council, and had agreed to withdraw the case in exchange for an alternative plot. However, Makhanu sought orders barring the county from interfering with his peaceful enjoyment of the property.

Justice Boaz Olao delivered the ruling on October 9, stating that Makhanu's title deed cannot be revoked by a letter from the county. 'As long as the plaintiff holds a lease to the land which has not been declared by a court as having been obtained illegally, that title is proof enough,' the judge said.

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