Relief for police officer in 11-year Bungoma land dispute

A police officer who has been embroiled in a bitter land dispute in Bungoma County for more than a decade has secured a major reprieve, after a county government official confirmed in court that the contested property belongs to the man who sold it to him.

The case centres on a plot of land, LR 1408/32, Malakisi Township, which has been at the heart of legal battles, counterclaims and even criminal charges stretching back to 2014.

According to court records, the land was originally leased in January 1956 to Jivibai Jivan Karsandas for a 33-year term, which expired in December 1988.

A decade later, the defunct Malakisi Town Council recommended that the lease be renewed in favour of Shaiwaz S. Jiwa, the legal administrator of the original leaseholder.

The lease was duly extended for 66 years beginning January 1989, and in 2011, Mr Jiwa cleared outstanding payments to regularise the process.

The Ministry of Lands confirmed that although no title grant had been issued, owing to the absence of a deed plan, Jiwa remained the legally recognised owner of the property.

In June 2014, Jiwa sold the plot to Peter Maosa, a police officer based at Malakisi Police Station.

Shortly after the purchase, Maosa fenced off the land. But the fence was allegedly torn down by local businessman Mzee Nyongesa Wangila, who also laid claim to the land.

 Maosa reported the incident to Malakisi Police Station under OB19/01/09/2014, accusing Wangila of malicious damage to property. The case led to Wangila’s conviction in July 2021, when he was found guilty and sentenced to a two-year probation.

Despite that ruling, the wider ownership dispute remained unresolved, prompting Maosa, with Jiwa as a co-claimant to pursue further legal redress.

On August 21, 2025, during a hearing before Senior Resident Magistrate Tina Madowo, the claimants received significant backing when a county official took the stand.

Maximilian Nyongesa, the Bungoma County officer in charge of Land Rates, told the court that records for the disputed parcel consistently listed Shaiwaz Jiwa as the one who pays annual land rates.

She presented receipts and statements to support her testimony, stressing that Mzee Nynogesa Wangila’s name does not appear anywhere in the county’s land records on ownership of the disputed plot.

Her evidence appeared to bolster the position of the claimants, who argue that Maosa’s purchase of the property from Jiwa was legitimate.

Mzee Nyongesa Wangila, the defendant, has been given 14 days to file a response. The court further directed both parties to appear on October 15, 2025, for a mention, during which submissions will be reviewed.