Former Migori Governor Okoth Obado at his home in Rapogi on March 12, 2026.
Former Migori Governor Okoth Obado is embroiled in a vicious land ownership battle with Tom Otieno, a Kenyan in the diaspora.
The two are fighting over the ownership of a six-acre parcel of land in Migori, valued at more than Sh10 million.
Mr Obado claims the property is his family's ancestral land inherited from his father.
Court documents seen by the Nation show that Mr Otieno’s family purchased the land from the former Migori Governor’s father in 1976. It was then registered under the name of Mr Otieno. The transaction involved six acres, and the proceeds from the sale, according to court documents, were intended to support the education of the young Mr Obado, who was then a student. According to the record s, payment for 5.5 acres was completed immediately, and the remaining 0.5 acres was settled in 1984. The title deed, number Kanyamkago/KATIENO/133, was subsequently issued in the name of Tom Otieno following the transfer process and completion of payment.
Former Migori Governor Okoth Obado at his home in Rapogi on March 12, 2026.
All was well until 2004, when Mr Obado, who was then serving as a director at the Kenya Sugar Board, laid claim to the land. Mr Obado also started reclaiming other parcels of land next to the land number Kanyamkago/KATIENO/133 which his father had sold to other people as well, reads part of the court documents. Mr Otieno first moved to court in 2005, seeking to stop Mr Obado from taking over the land. Records show the initial case faced jurisdictional challenges before it was finally referred to the Land Disputes Tribunal in 2006. However, before the matter could be conclusively determined, the tribunal system was disbanded in 2011.
The collapse of the tribunal structure left the matter in limbo and for several years uncertainty surrounded the status of the case. The original file of the case could also not easily be retrieved, states part of the court documents.
Mr Otieno later filed a fresh suit at the High Court in Kisii in 2015. He sued Mr Obado and his three brothers: David, John and Samson. The matter was later moved to the Magistrate's Court in Migori. On October 31, 2023, after years of delays and adjournments, the Environment and Lands Court sitting in Migori allowed the reinstatement of the hearing.
Justice Mohammed Kullow ruled that there was sufficient proof that an active case existed before a competent court after the collapse of the Land Disputes Tribunal system. Although no party appears certain about the whereabouts or status of the old tribunal file, it would be fair for the matter to be heard afresh in court, stated the ruling.
Former Migori Governor Okoth Obado.
The ruling effectively reopened the path for Mr Otieno’s claims to be heard. The court ordered the maintenance of the status quo and directed that no permanent structures should be erected on the disputed land. Parties to the case are hereby directed to maintain the status quo pending the hearing and determination of the matter, further read the ruling.
Mr Obado now faces a six-month prison sentence after Mr Otieno initiated contempt of court proceedings due to his defiance of court orders and the ongoing construction work on the land. A house belonging to the former governor’s sons is under construction. This amounts to contempt of court, according to an application filed by Mr Otieno’s lawyer.
Mr Otieno says this was not the first attempt to construct a house on the disputed property. He wants Mr Obado and his family restrained from any interference and trespass on the land until the matter is fully determined.
Mr Obado claims ownership of the land, maintaining in court documents that it was part of his father's and family's ancestral property. In court documents, the former Migori governor disputes the title deed held by Mr Otieno, arguing that it was obtained illegally.
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