Achieng Abura’s legacy continues to resonate, not just through her music but in a courtroom victory that secures her family’s rights to a disputed 500-acre parcel of land in Nandi County.
A court has awarded her family Sh30 million in compensation, closing a chapter on a contentious legal battle that began during her lifetime.
The Afro-Jazz icon, celebrated for her powerful voice and impact on Kenya’s music scene, passed away in October 2016 at Kenyatta National Hospital after battling an undisclosed illness.
Yet, her fight for justice over the land—initially purchased by her late brother Jack Abura—didn’t end with her.
Her sisters, Joan Abura and the late Lynette Dawa, took up the mantle after her death, determined to protect their family’s estate.
At the heart of the dispute was a 2007 sale agreement between Usonik Farm Purchase Cooperative Society and Jack Abura.
After Jack’s untimely death that same year, Achieng became the estate administrator and sold the land to Caroli Omondi, a former aide to Kenya’s former Prime Minister, Raila Odinga.
This sparked a bitter feud with the cooperative society, which claimed partial ownership of the land.
In a ruling by Justice Samson Okong’o of the Environment and Land Court, Usonik members were ordered to vacate the property, with the judge labeling them trespassers.
The court also awarded Sh20 million for loss of profits due to restricted access to the land and Sh10 million in damages for trespass.
Usonik Cooperative members argued they had paid a down payment of Sh500,000 to Jack Abura, claiming to have purchased the land at Sh70,000 per acre.
However, Justice Okong’o dismissed these assertions, stating, “The Defendant has not established the existence of the alleged agreement of sale.
In any event, the purported agreement did not comply with the provisions of the Law of Contract Act, as it was not in writing.”
The land, known as Kipsitoi Farm in Kapkitany, Tindiret constituency, was a pivotal part of the Abura family’s estate.
Evidence showed the family had sold 500 acres in 2012 to settle a looming debt with the Agricultural Finance Corporation (AFC).
The sale, which fetched Sh80 million, cleared the debt, but Usonik members later demanded the cancellation of the transaction, claiming prior ownership rights.
Their claim, however, fell apart in court. “The Plaintiffs have established ownership of the property, shifting the burden of proof to the Defendant, who failed to justify their occupation of the land,” the judge concluded.
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