Mudavadi, firm battle over prime land in Vihiga County

Prime Cabinet Secretary Musalia Mudavadi is locked in a legal dispute with a private company over a multimillion-shilling parcel of land in North Maragoli, Vihiga County.

Mudavadi has so far failed to secure orders from the Environment and Land Court permitting him to return to the disputed land, which he claims to have purchased last year.

Justice Esther Asati observed that although Mudavadi was seeking to maintain the status quo, this had already changed following a magistrate’s court order which reinstated Nasibu Holdings Ltd to the property.

“To order status quo as prayed would involve the removal of the respondent (Nasibu) from the land and the handing over of vacant possession to the applicant. That is not the function of an order of status quo,” said Justice Asati.

The judge only halted proceedings in the case before the magistrate’s court.

In the suit, Mudavadi claims to have purchased the 3.4 acre property and was issued a title deed dated July 3, 2024.

Nasibu, on the other hand, argues that it acquired the same property in 2012 and was issued with a title deed on April 2 that year. The company claims to have occupied the land until last year, when it was evicted by police officers.

According to a company search filed by Mudavadi, Nasibu is allegedly owned by Juliana Nicole Apopo and Vivienne Afandi Yeda Apopo.

Although Mudavadi is the primary party in the case, he has authorised his personal assistant, Nelson Chagenya, to represent him in court.

The matter originated in the magistrate’s court, which barred Mudavadi from interfering with or entering the property.

At the same time, magistrate Jacqueline Agonda ordered the Officer Commanding Station, Vihiga Police Station, along with officers in charge of the nearest police post, to ensure full compliance with the court’s orders.

She also directed that Mudavadi should neither register nor transact with the land until the case is heard and determined.

Nasibu based its ownership claim on an affidavit by Oliver Kehodo Osengo, who told the court the firm had been the registered owner since 2012 and had been farming the land without interference.

Kehodo alleged that on July 17, last year, at around 5 am, individuals said to be acting on the instructions of a senior government official destroyed Nasibu’s crops.

He further stated that on July 23, 2024, the same group — accompanied by police officers — returned, demolished dwelling and sanitary facilities, confiscated building materials, tools, and utensils, and forcibly evicted the company’s staff.

Kehodo said he reported the incident to the police and later learnt that the Registrar of Lands had transferred the land to the Prime Cabinet Secretary on July 3, 2024. The court heard that the registrar advised Kehodo to obtain a court order to place a caveat on the land.

In his response, Mudavadi relied on a statement presented by Chagenya. He argued that he was the legitimate registered owner as per a title deed dated July 3, 2024, having purchased the property for Sh7 million.

Chagenya told the court that an official search confirmed Mudavadi as the registered owner, referencing a search dated October 2, 2024 and a green card dated 4 October 4, 1973.

According to him, letters of administration previously issued to Henry Walter Magaga — who allegedly sold the property to Nasibu — had been revoked by the court on November 23, 2023.

Chagenya also claimed that Nasibu obtained its court orders on September 24, 2024, yet by that time, Mudavadi had already ploughed the land and planted maize. He accused Nasibu of trespassing, destroying crops, and starting construction.

He urged the magistrate to lift the order and direct that the status quo be maintained until the case is determined.

The magistrate’s court, however, ruled in favour of Nasibu, finding that it was Mudavadi who had unlawfully entered the property.

“I believe that the first defendant (Mudavadi) recently encroached on the suit property by constructing a perimeter wall, as shown in the photographs submitted by the plaintiff. I find that the plaintiff has been in possession of the land, and the actions of the first defendant will cause irreparable loss which cannot be compensated by an award of damages, considering the duration of the plaintiff’s possession,” ruled magistrate Agonda.

Aggrieved, Mudavadi filed an appeal.

In his appeal, he claimed that Nasibu’s title had been revoked through entry number 11/4/2025, prior to his purchase.

Mudavadi denied using police to seize the land and argued that Nasibu had approached the magistrate’s court with unclean hands, having failed to disclose the alleged revocation of its title.

“The appellant has also informed me that he has suffered, and continues to suffer, irreparable loss through violation of his rights under Article 40, emotional distress, and societal stigma, as he is now regarded as a land grabber who has kept out of the ‘grabbed land’ by use of police officers under the supervision of the OCS Vihiga Police Station—loss that is incapable of compensation in damages,” Chagenya argued.

The firm’s lawyers, Kaplan & Stratton, countered that the application to set aside the orders sought to perpetuate an illegality and unjustly benefit from ‘ill-gotten wealth’.

“The appellant knew or ought to have known that the respondent purchased the suit property in April 2012 and has been in occupation of the same since then and that his attempt to purportedly purchase the land and evict the respondent by use of brute force would be met with resistance through the courts. And his belated excuse of suffering social stigma as a Cabinet Secretary can only be attributed to his own self- inflicted action,” the firm responded.

The case is scheduled for mention on June 12, 2025.