Civil Society Threatens to File Petition for Removal of DPP Ingonga Over Alleged Land Grabbing

The civil society in Kakamega has issued a stern warning to Director of Public Prosecutions (DPP) Renson Ingonga Mulele, threatening to initiate his removal from office if he does not demolish a wall he built that allegedly encroaches on a public road leading to Jabstir Academy.

The controversial wall, constructed by the DPP, has sparked outrage among residents and activists who claim it obstructs access to the school, posing a significant inconvenience and safety hazard for students and the community.

The activists argue that the wall not only violates the public right of way but also symbolizes the misuse of power by a high-ranking public official.

Philip Wanyonyi Wekesa, the Citizens for Good Governance director centre

Addressing the press at the school in Kakamega town today, Philip Wanyonyi Wekesa, the Citizens for Good Governance director, said that the DPP erected a perimeter wall on a public road and blocked the entrance to the school.

“As members of the civil society, we strongly condemn the actions of DPP Renson Mulele Ingonga for his alleged involvement in encroaching on and blocking a public road leading to Jabstir Academy in Kakamega town. The academy, which serves as a vital educational institution in our community, has faced significant disruptions due to the blockade orchestrated by the DPP,” said Mr. Wekesa.

Wekesa, a prominent human rights defender known for his advocacy on land rights, stated, “It is unacceptable for any individual, regardless of their position, to infringe upon public property and hinder access to essential services like education. We demand immediate action from the DPP to rectify this situation.”

“Upon perusal of records from the Ministry of Lands, Housing, Urban Areas, and Physical Development on January 12, 2024, he was cautioned against encroaching on the said parcel of land and instructed to stop the construction of a wall fence blocking access to Jabstir Academy. However, he usurped his powers and continued to block the road,” said Wekesa.

“The proprietors of Jabstir Academy bought their parcel of land in 1985, while the DPP bought his in October 2023. Instead of being a good neighbor, we have information that he is now tormenting the proprietors of the school, using his position to scare them away from seeking justice and beat them into submission to his atrocities,” he added.

The activists demand that Mr. Ingonga immediately stop any further activities on the land he encroached on, demolish the buildings or works on the disputed piece of land, and restore the land to its original or near-original condition.

They have given Mulele a two-week ultimatum to remove the wall, failing which they plan to file a petition with the Public Service Commission (PSC) to initiate proceedings for his removal.

“Citizens for Good Governance calls upon the Commission for Administration of Justice (CAJ) to intervene immediately in this matter. Swift action is imperative to ensure the restoration of unimpeded access to Jabstir Academy and to uphold the principles of justice and fairness,” said Wekesa.

He added, “We will also be applying to the Judicial Service Commission (JSC) to review a court ruling (ELCLC No. E001 of 2024) in the Environment and Land Court at Kakamega delivered on February 15, 2024, by Justice D.O. Ohungo. We believe the ruling denied Jabstir Academy rightful ownership of the disputed parcel of land despite the evidence presented in court.”

According to Elvis Wamalwa, an activist, he was saddened to see “a whole DPP grabbing land and then constructing a perimeter wall to block any entry to the school. The road is essential for safe and convenient access to the school. The current situation is untenable and must be resolved promptly.”

“We want him investigated for abuse of power because what he is doing is wrong. Even JSC should review the court ruling as the judgment is biased,” said Mr. Wamalwa.

Benbella Oyalo, Parent 

Benbella Oyalo, who has been a parent at the school for the last eight years, said they are finding it difficult to gain access to the school and have been forced to make a temporary entry next to the road leading to Kakamega Stage Lodge, a move he termed as leading to a series of accidents.

“We have been using the road in question, but we can’t use it because the DPP has blocked it. It’s difficult to access the school, and going by the number of motorcycle and TukTuk accidents being recorded at the school gate, we are afraid we might lose our children to road carnage,” said Mr. Oyalo.

“It will be good if the DPP opens the road and allows the pupils and parents to access the school so that we can resume our normal operations. We want to be good neighbors with him, not enemies,” he added.

Attempts to reach DPP Mulele for comment have so far been unsuccessful.

Earlier when the dispute started, Western Regional Commissioner Irungu Macharia acknowledged that the school acquired the lease title legally.

Mr. Macharia said the only issue in dispute with the private developer (DPP) was the access road that serves three parcels of land in the bloc.

“The school is the legal owner of the parcel according to documents from the Land Registrar’s office,” said Macharia.

Mary Stella Kombo, Jabstir Academy director, went to court to have the DPP remove the perimeter wall, but Judge Dalmas Ohungo struck out the case on technicalities.

“I am persuaded that the plaintiff lacks locus standi as she stated that she is suing on behalf of her husband Richard Kombo, but the power of attorney does not permit her to pose as a plaintiff,” ruled Judge Ohungo, adding, “The suit is for striking out, and she may have to start afresh while keeping fidelity to the specific power of attorney.”