500 pupils face uncertain term as family seeks to reclaims school land

As schools reopen today, the fate of more than 500 pupils at Vikutsa Primary School in Shinyalu Sub-county hangs in the balance after a family vowed to repossess land on which the institution stands.

The public school in Isukha East ward is at the centre of a land dispute between the community and the family of the its founder, who donated land to build it.

Whereas the board of management claims to have acquired the 11 acres (Kakamega/Ileho/726) by way of adverse possession, the family of the late Zedekiah Amuhanda, who died in 1987, wants the property back.

Mr Zedekia Amusala, 78, says Mr Amuhanda donated land in 1974 to build a school and a church (the Africa Israel Nineveh Church) .

“In 2010, the grandchildren of Mr Amuhanda, namely, Moses Abwoba and Sabeti Muteku, initiated a succession procedure on their grandfather’s land without informing the school and the community,” said Mr Amusala.

According to documents seen by Nation, the school was only made aware of the succession process after the grandchildren obtained the grant of administration, setting in motion the transfer and demarcation of the land.

The two grandchildren obtained grant of representation to the estate of Zedekiah Amuhanda on November 26, 2013 from the High Court in Kakamega. In 2014, the family, through Ms Muteku, asked the school to pay for the land it is occupying without ownership documents.

She said the family had agreed to donate one acre out of the 11 acres freely to the school and asked the school to purchase an additional five acres.

This means that the family was taking away five of the 11 acres donated by their grandfather. In February 2014, Mr Peter Marema, the then chairman of the school’s board, moved to court to obtain orders restraining the grandchildren from reclaiming the school land.

But his application was dismissed with no costs by the High Court on December 16, 2020, on grounds that it lacked merit.

The court’s decision prompted the family to fence off the school compound, tilling the playground and building houses on it.

Raided the school

On Saturday, Shinyalu MP Justus Kizito, accompanied by members of the community, raided the school.

The enraged parents, teachers and other members of the community destroyed the gate the family had put up to block entry into the school compound.

They also demolished the new houses and uprooted the crops they had planted. They vowed to fight on to ensure the school continues to serve their children.

“The nearest school is 10km away. Where do they want our children to go if they repossess the land?” Mr Patrick Alusiola, a local resident, posed.

The school gave rise to Vikutsa Secondary School and the residents are worried that closing down the primary school will also kill the secondary school.

Mr Kizito said the government and the community have invested a lot in the school in terms of infrastructure and human resources.

“When you close down this school, you are killing the livelihood of teachers and subordinate staff working here. You are killing the future of the children. It’s unacceptable,” he said.

He censured government officials in the area of failing to protect the interests of the school and claimed some of them had colluded with the family to move the school away.

“We want government officials including education officers to resolve this matter so that we find a lasting solution that will ensure our children continue learning,” said Mr Kizito.

Mr Teddy Kemoli, an alumni of the school, urged the local leadership to protect the school.

“If the school is left to close, the future of Class Eight candidates who are set to sit for their national exams in March will be in jeopardy,” said Mr Kemoli.