DISCOURSE IN THE REPOSSESSING OF THE GRABBED MBOLORI-OSORO MARKET IN SIAYA
COUNTY
RESOLVINGDESPUTES ON MBOLORI/OSORO MARKET: AN OPEN STAKEHOLDERS’ MEETING HELD AT KOCHIENG’OSORO VILLAGE BARAZA 16TH APRIL 2013.Themeeting started with a word of prayer at 4. 00 p.m.
The assistantChief of Kochieng’ ‘b” Sub-location Mr. George Ayoge gave history of themarket, how and when it started. He then welcomed the chief of the Area Mr.Felix Juma.
The Chief of the area apologized for coming late; hewelcomed the area Member of County Assembly Hon. Oriaro for attending themeeting. He told the gathering of the letter from Aboge Advocate& Company dated16th April, 2011, warning participants against participating in thisdisputed market meeting, but the warning was set aside as it could not stop a meetingin 2013. The Chief gave the stakeholders chance to speak.
Speakers in the meeting:
1. Mr. Omondi Charles Ng’ong’a.
The market is fordevelopment. I am for the market. Please assist us resume the service weenjoyed before the market closure.
2. Mr. Antony Odira Odhiambo
Iam the founder and a member of Ahuyo family. I had aninterest in the market. I wanted to put a kiosk in the land. We convened afamily meeting at Kodhigo Ahuyo’s home he was the elder son. We talked atlength and reached a consensus that instead of a kiosk they fulfill Ahuyo’swill having a market in the land.
We resolved to consult our neighbors also to donatetheir share of the market land. The message was received positively, I went topresent our proposal to Siaya County Council but they sent me of Kisumu to geta Health Certificate in order to operate the kiosk. I got license to operate akiosk.
We presented our proposal in the year 1971 and themarket was registered in 1977, as PERCELNo. SIAYA/KOCHIENG’ ‘B’ 1027 (0.8HA) is registered under Siaya CountyCouncil and reserved for Mbolori Market (MAPSHEET NO. 10). The market was set up by markets and development committeeMin. No. 82/72. He further elaborated that Mbolori market was approved as atrading centre in 1973 under Min. 36/73 of Siaya County Council.
He further laid the documents the County Council ofSiaya sent to him demanding the outstanding plot rent of Kshs. 500.00 inrespect of his No. 1 at Mbolri attached to the minutes.
3. Mr. Raphael Angocha – The thenAssistant Chief.
I was then AssistantChief of Kochieng’‘B’ Sub location. It happened that I was the elder son of AlfredOdhigo Ahuyo who was the Ahuyo’s estates administrator. The land was donated bycommunity members. Odhigo my fatherconvened a family meeting which was attended by Odhigo Ahuyo. Odhiambo and manyfamily members. In the meeting, an issue was raised and discussed at length i.eto fulfill the will of our grandfather Ahuyo of reserving a merkat land.
We resolved that we donate the land as Ahuyo wished.I convened a public baraza to pass our family proposal to the public. In thebaraz the neighbouring land owners received the information positively and we proceededto the land and marked it.
The other donors who surrendered their lands were:
a. OduorOngar (Mur Clan )
b. OdhigoAhuyo ( Kadenge Clan )
c. AlloyceOchiel (Odedo Clan)
d. OkechLenya ( Kochieng Clan)
e. OkakaAhuyo (Kadenge Clan)
f. OderaObwong’ (Kochieng’ Clan)
g. OluochAhuyo ( Kadenge Clan)
4. Mr. John Obiero Oluoch .
I am theyoungest among Oluoch sons who is the plaintiff. I am for the market and themarket has been there before I was born.
It is myprayer that the County Council speeds up the court process and wee get to thebottom of this matter.
Your honourable Ward Rep., please assist us in thismatter. We stand a high risk and market is not operational. Please assist usyour Honour.
5. Mr.Aggrey Ondiege.
I have been listening to the deliberations. The Assistantchief showed us an official search which is in the name of Siaya County Council.He further read to us a copy of the council’s letter to the permanent Secretaryi.e. Ref. (T&M/O/SCC {29}) which also assured us of tenure of land andMbolori market as a public land.
My question is, what have the council done becausenow home have erected in the market and fenced?
What is the legalposition of the case?
The revenue is notbeing collected and council keeps telling us to keep calm, for how long shouldwe wait? I am for the market.
6. Sela Obiero Obawar (Business Woman)
I was married in theyear 1985, I found the market operating.
What is the councildoing about the market closure?
We were surprised one Saturdaywhen we found a home in the middle of the market. The next Monday, it was fencedand we were not allowed in. Since then, revenue has never been collected. I am askingon behalf of my fellow businessmen; will the Council refund levy we have beencollecting. And if not so, why is it so far silent?
We the business peopleand the community are suffering; we demand to know our fate.
7. Joseph Okaka
I am the elder son of Okaka Ahuyo and one ofthe donors of the market land. We want our land back if the council cannotsettle the matter in court. Let us know the fate of that home in the marketland we donated. Our public toilets are also enclosed in the home.
8. James Ohanya Oluoch
I am one ofthe plaintiff’s sons. The history of the land is long and in brief the marketland was in the parcel No. SIAYA /KOCHIENG’‘B’ /20. This was sub divided intotwo; one was submerged with the others which were donated by another donorsenumerated before and given number SIAYA/KOCHIENG’;‘B’/1028 and the other was given number SIAYA/KOCHIENG’; ‘B’/1027 which was registered under the name ofSiaya County Council.
My father filed anobjection case at Kisumu High Court. The Court rejected our father’s petitionbecause he filed a wrong parcel i.e. SIAYA/KOCHIENG’;‘B’ 1028 instead of SIAYA/KOCHIENG’;‘B’/1027. It was case 282 of 1983 (O.S).
We did not support the action our brotherFanuel Otieno Oluoch taken. We were not consulted as a family. I am for themarket.
9. Margaret Ojango Oluoch
I am the wife ofMichael Oluoch Ahuyo and the third wife to Oluoch. I am the mother to FanuelOtieno Oluoch who has built in the market.
Odira asked me to givehim the space for a kiosk in the year 1969, I gave him the land. He made akiosk in the space of the land. The remaining portion I have been cultivatingconstraints. The market people destroyed my crops, I don’t want the market. Shewas heckled down before she finished her speech.
10. Richard Odhiambo Angocha (Youth)
We are for development. Let us face facts.Odira spoke with supportive documents.I am the grandson of Odhigo. My grandfather told us before he died that theland was donated by Ahuyo’s family and other donors. Let us not back track onthe will of our fore fathers.
11.George Ahuyo Oluoch
I am the son of MichaelOluoch Ahuyo whop presented letters from my lawyer a few minutes a go to theAssistant Chief. I was told not to participate in the baraza by my lawyer. But sincewe want to get to the bottom of this matter, I have to be here. this casestarted in the year 1983 but there was a mistake. Odhigo did not open up toOluoch about the parcel No. he gave the County Council. Oluoch filed anobjection and was dismissed. In 2007, I filed a court injunction and have notbeen heard. Now it is upon me and Oluoch’s family to tell the brother to vacateor to stay. I also want the market but the truth should be revealed. He washeckled down before he finished.
12.Central Alego Member of County Assembly Hon. Leonard Otieno Oriaro
Thank you for electing me to serve you. I havebeen receiving phone calls from the sons of Kochieng’; ‘B’ and ‘A’ both withinand beyond about the closure of the market. Following the deliberations made beforeme and the records in the councils’ file, it is true that the case to go thebottom of the matter.
My knowledge of the lawis that when the case is in the court of law, the status quo of the land ownershipin dispute remains the same and it is against the law to build in the market ifthe case is not yet determined. That home in the market is there illegally. I promiseyou to take this matter in our County Parliament as soon as it commencesbusiness. This is my assignment and we will get to the conclusion.
Let us be developmentoriented and move forward in this devolved government.
13.Felix Juma Omudho – Chief Central
These days we have a people drivenconstitution. Our priorities are set by you the community. I thank you for thecalm you have exhibited all along. Please let me know by a show of hands thosewho have are for the market? All hands were up.
Who were the otherdonors who are with others here? Aloyce Achiel Odedo aand Margaret AdhiamboOdongo (for the late Oduor Ongar) raised their hands and said they have noobjection. They are for the market.
Please note that thematter is in court and we are waiting the councils’ lawyer to give us the wayforward. Please keep calm we have collected your views.
Thank you all.
RESOLUTION
v Themarket is the property of Siaya County Council until the case is determined.
v Thecouncil is to speed up the court process and allow the community to develop themarket.
v The lawyer should seek an eviction order toremove the occupant of the market.
PRESENT:
1. Leonard Otieno Oriaro, Alego Member ofCounty Assembly
2. Chrisphine Otieno-County Surveyor
3. Peter Walala-County Survey assistant
4. George Onyango - A/ Chief Kochieng 'B'
5. Chrisphine Okoth - County Driver
6. Michael Obura-22061421
7. Charles Opwapo-9902034
8. Antone Odira
9. Alfred Angocha-0123636
10. Raphael Ochwodho-5326780
11. James Odipo
12. Aloice Ochiel-2815135
13. Steve Aloo
14. Charles Ochieng
15. Charles Okoth Otieno-11611443
16. John Odhiambo-3356854
17. Margaret Odongo
18. Margaret Atieno
19. Helen Ohanya
20. Violet Naliaka
21. Anne Ogumbe
22. Josphine Awino
23. John Opiyo
24. Cris Ohuyu
25. Michael Ouma
26. Alice Oginga
27. Peter Aloo
28. Joseph Ohuyo
29. James Aloo
30. JohnOduor
31. AlexOmondi
32. John Odam
33. FredrickOpiyo
34. JaneAtieno
35. MichaelOtieno
36. BarrackOnyango
37. Nithaniel Oduor
38. OdhiamboAdala
39. HoloSirumba
40. Chief(Central Alego ) Omudho
41. AnstasiaOkaka
42. FlorenceOng’wor
43. Richard Odhiambo
44. GeifasOnyango
45. PaulOdero
46. EdwinOtieno
47. DanOdhiambo
48. MagretAbiero
49. SabinaSikuku
50. ClariceOtieno
51. LucasNyadieno 3281756
52. VitalisOnyona 28153570
53. StevenOmondi 30132701
54. Henry Ochieng’ 2845113
55. WilfridaJuma
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