Achieng’ Abura’s family win Sh30 million in land case she started
Late Afro-jazz singer and former Tusker Project Fame director, Achieng' Abura, would have been Sh30 million richer today following a victory in a case she filed in 2014.
Celebrated for her vocal prowess and presence, Achieng' died at Kenyatta Hospital in October 2016 after a long battle with an illness that was never made public.
Achieng' had gone to court in February 2014, suing the Usonik Farm Purchase Cooperative Society over a 500-acre parcel of land in Nandi County.
Achieng' had been fighting to enforce a land sale agreement that the society had signed with her brother, Jack Abura, in 2007.
Following Jack's death later that year, the celebrated singer took over the affairs of the land as its administrator and sold the property to former Prime Minister Raila Odinga's former aide Caroli Omondi, sparking a bitter battle with Usonik.
Following her death in 2016, Achieng's sisters Joan Abura, Lynette Dawa and Isabella Akumu Abura (now deceased) inherited the court battle.
In a ruling delivered a few days ago by Justice Samson Okong'o, he ordered members of the Usonik Farm Purchase Cooperative Society to vacate the sprawling land, describing them as trespassers.
The Environment and Land Court judge also directed the members of the society to pay Abura's family Sh20 million for loss of profit as a result of not being able to access the land, and another Sh10 million as damages for trespassing.
The group claimed they acquired the land from the family through Mr Abura, Achieng's late brother, who died before the transaction was completed.
The judge said the group had not produced any evidence to prove the payment of Sh500,000 to Mr Abura.
“It is my finding that the Defendant (Usonik Farm Purchase Coop Society) has not established the existence of the alleged agreement of sale between Jack Abura and the Defendant over a portion of the suit property measuring 500 acres,” stated the judge.