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Court refers land dispute between ex-mayor’s children, his brother to local chief
A Vihiga court has ordered a local chief to involve elders in resolving a family dispute between an ex-mayor’s children and his brother over three plots of land.
A court in Vihiga County has ordered a local chief to resolve a land dispute involving the family of a former mayor and businessman, amid fears that his children could be left landless if the stalemate continues.
The dispute is between the children of former Luanda district mayor Nelson Otwoma, who died in 2021, and his brother Philip Mwangala.
Mr Mwangala had gone to court after his death to administer property belonging to their late father, Fanuel Esikuri, while excluding his brother's children as beneficiaries of the ancestral estate.
Mr Mwangala argues that he wants to share the property equally with his other brother, Mr Ayub Mwendwa, and exclude his late brother's children, who are now adults.
The move has sparked intense wrangling among family members over the division of the property with Senior Principal Magistrate Samson Ongeri ordering the Iboona site officer, Mr Ebby Amakhanga, to bring the parties together and report back to the court on May 11 this year.
Mr Mwangala's other brother, Mr Peter Sebeti, had objected to the petition and asked to be made sole administrator of the vast property owned by their late father.
The court ordered the chief to involve elders in resolving the family dispute over three plots of land, which has been pending in court since 2021.
In court papers, Mr Mwangala had listed himself as the beneficiary of East Bunyore/Iboona/399, the land on which the late Mr Otwoma's family currently lives.
Mr Otwoma was mayor of the then Luanda District Council from 1993 to 1997 and Wemilabi Ward Councillor from 1989 to 2002. He inherited the disputed land from his father and owned other properties worth millions of shillings in Kakamega and Vihiga counties.
He also ran a transport business, a construction company and owned a hardware store until his death in 2021.
But even before the chief convened the said meeting, Nation has established that it is in limbo after one of the parties leaning towards Mr Sebeti, the objector, raised concerns about the officer's impartiality.
Through their lawyer, Daniel Chitwah, they claim the chief has already issued the letter of succession to Mr Mwangala without their involvement.
The chief is also accused of holding secret meetings with the petitioner and refusing to involve the elders as ordered by the court.
"If this continues, our clients will withdraw from the exercise until an independent and impartial mediator is appointed," said Mr Chitwah, adding that the court had been informed of the developments.
Approached for comment, the chief declined to discuss the matter, saying it was before the court. She also said she was in the office of the Deputy District Commissioner and could not speak on the matter.
