Five suspects were arraigned at the Kimilili Law Court, accused of instigating chaos and assaulting persons on a 100-acre plot of land co-owned by the late Minister Soita Shitanda and businessman George Mulamasi in Tongaren Constituency.
The dangerously armed suspects were on a mission to intimidate the businessman, who has full ownership of the farm by virtue of being a co-director with a 50% stake in Kabras Farm Ltd, under which the farm is registered.
Josphat Nyagaka (alias Mkisii), Denis Burale, Meshak Kere, Zedekia Inzilia, and Peter Walubengo are facing multiple serious charges, including grievous harm, assault, and malicious damage to property, in connection with the incident that occurred at Pwani Village on February 7, 2025.
Senior Principal Magistrate Joseph Ndururi heard that the accused are said to have jointly and unlawfully inflicted grievous harm on Kennedy Shikanga, causing serious bodily injury.
The incident occurred in Pwani Village, where the attackers reportedly assaulted their victim in a brutal and unprovoked manner.
Additionally, two of the accused, Nyagaka and Kere, have been charged with causing actual bodily harm to Stephen Wangusi Fedha, another resident of the village, during the same altercation.
Further charges include malicious damage to two motorcycles, one of which was owned by Wafula Fedha Malanga and valued at Sh 105,000, and the other belonging to Francis Wambani Walusala, valued at Sh 210,000.
The suspects pleaded not guilty to the charges and were each issued a bond of Sh 100,000 with a surety of the same amount, along with a cash bail of Sh 50,000.
The case is scheduled for a hearing on April 19, 2025, at the same court.
The prosecution is expected to present witnesses, including the victims and several others who were present at the scene of the attack.
Shitanda formed Kabras Farm Limited in 2008 together with businessman George Malumasi, and they used it to purchase 100 acres of land at Pwani Scheme in Kabuyefwe, Tongaren, in Bungoma County.
Kabras Farm Limited bought the said land through an auction in 2008; Nirosim Limited was the original owner and had taken a loan from Agricultural Finance Corporation (AFC) but defaulted on payments. AFC put the land up for sale through auction and sold it to Kabras Farm Limited.
On February 17, 2022, Betty Glorious Soita, the widow of the former legislator Peter Soita Shitanda, filed a lawsuit (ELC No. E004 of 2022) against George Malumasi (1st defendant), the Agricultural Finance Corporation (2nd defendant), and Kabras Farm Limited (3rd defendant), seeking full ownership and administration of the estate. She accused the three defendants of trespass and encroachment on parcel of land No. Bungoma/Kabuyefwe/271, located in the Pwani scheme in Bungoma.
However, a counterclaim on March 2, 2022, by George Malumasi through an affidavit opposed the application by the plaintiff and a preliminary objection filed in the same court.
In the hearing of the case filed by the widow, Mr. Malumasi (1st defendant) argued in his evidence that he was a co-director of Kabras Farm Limited as a secretary, with Shitanda as the managing director, and was the legal beneficiary of the parcel of land bought for Sh 9.2 million.
The family is now facing eviction from the expansive 100 acres located in Pwani Scheme in Tongaren, Bungoma County after Justice Enock Cherono of the Environment and Land Court Bungoma delivered a judgment on May 9, 2024.
"An order of eviction is issued against the Plaintiff (now defendant) Betty Glorious Soita, whether jointly and/or severally, by herself, her agents, servants and/or anyone claiming through her to vacate and deliver vacant possession of that land LR NO Bungoma/Kabuyefwe/271 measuring 100 acres," read part of the judgment.
Court documents show that the widow of the late minister was the first to go to court and sued a company known as Kabras Farm Limited and one of its directors, Mr. George Malumasi, seeking an eviction and declaratory orders that the suit land belonged to the estate of the deceased.
The late Soita held 50% of the shares in Kabras Farm Limited, while his co-director also held 50% of the shares in the same company. However, the widow sought exclusive ownership of the property to the exclusion of the company and the surviving director.
Her suit was dismissed with costs of Sh 1.3 million for trespass after the company filed a counterclaim that was successfully accepted in court, which gave an eviction order in favor of Kabras Farm Limited.
In its judgment, the court recognized that a company is a separate entity from its shareholders and directors, and stated that, in the strict sense of the law, the suit land belonged to the company, meaning the widow, her agents, or servants had no rights to it and were therefore trespassers.
The judge added that their claim, if any, was in the 50% shares of the late minister Soita Shitanda, which remain unallocated and should first be distributed in a succession matter concerning the deceased.
Court documents indicate that the widow,Betty Glorious Soita had illegally used the police to gain possession after the demise of her late husband in 2016, and had on several occasions subsequently caused the arrest of the surviving director, Mr. George Malumasi, whenever he tried to gain access and utilize the farm on behalf of the company.
All efforts to mediate or negotiate collapsed as the widow insisted that all the property belonged to her late husband.