Kisumu Centre Juakali Artisans Association Treasurer David Odanga (pictured) said the land was given to them by former President Daniel Moi as part of the pivotal role they were playing in employment creation/FILE – Ojwang Joe
KISUMU, Kenya, Jan 29 – Kisumu county government suffered a blow on Wednesday after the Environment and Land Court ruled in favour of juakali artisans association in a 9-acre land dispute.
The association members had moved to court to contest a decision by the county government to repossess the land for the development of a market.
Justice Antony Ombwayo said he was satisfied that the complainant was the owner of the land.
Ombwayo said the artisans had valid documents indicating that the parcel was indeed registered in their names.
He ruled that the county government has no jurisdiction to repossess the land.
Juakali artisans who thronged the court could not hide their joy after the judgment.
The Association Treasurer David Odanga says the court has saved them from losing the parcel of land that was given to them by the retired President Daniel Arap Moi.
READ: Construction of Uhuru Business Complex faces uncertainty amid land ownership row
“It is a happy day for the people of Juakali, we now have our land that was issued to us in the year 1994,” he said.
The parcel was to be part of the land where construction of Uhuru Business Complex by the national government is ongoing.
Luckily, the parcel was not fenced off for the construction when the artisans moved to court to challenge the decision by the county government to repossess the land.
A site plan of the Uhuru Business Park Market Complex which is projected to host about a thousand traders once completed/Ministry of Transport, Infrastructure, Housing Urban Development
Odanga said now the county government can only negotiate with them but not forceful eviction for the expansion of the market that is destined to absorb all traders in the lakeside city.
“The land is now ours and incase of any construction of a market then we must be consulted widely,” he said.
In December last year, the artisans protested after they saw the plan that was including their parcel without their knowledge.
The Association had indicated that they had their own design plan to come up with structures to accommodate the rising number of the artisans whose membership now stands at 37,000.
In the case, the Association had sued the county government, city manager, county commissioner, cabinet secretary ministry of transport, infrastructure, housing and urban development and the Attorney General.
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