Before he died a year ago, 83-year-old Hezekiah Mavisi worked hard to ensure his family lived comfortably.
He invested his savings in his one-acre farm in Mbale, Vihiga County.
He had divided the land into commercial, rental and farming sections, given its prime location in the town, as a strategy for improving his income from business ventures.
But when he breathed his last on November 11, 2020, a dispute erupted over ownership of the land.
The pain and suffering has dragged on for the past one year, and the family is struggling to raise Sh100,000 to pay the mortuary bill.
His body is still lying at the Vihiga County Referral Hospital Mortuary.
Trouble started when the county government blocked Mzee Mavisi’s burial because the land the family is living on is government property.
The family, led by his son George Ondego, is pleading with county officials to allow the burial to take place on the disputed land.
In a statement, the county government insists it owns the land parcels adjacent to the county headquarters.
Officials say the parcels were acquired by the defunct local authorities in the 1990s and about seven families were relocated to Lumakanda.
But Mr Ondego disputes that view.
While Mzee Mavisi’s land is one acre, the seven families now living in fear of eviction have a total of 10 acres.
Start the ownership claim
The county government says it needs the property to initiate development in the municipality.
The devolved unit stopped Mzee Mavisi’s family from burying the octogenarian on the land parcels with title numbers Maragoli/Bugonda/3126, 3197, 3198, 3199, 3200 and 3201.
The late Hezekiah Mavisi, 83. He died a year ago and the family is unable to bury him following a fight over his land with Vihiga County government.
Mr Ondego says the parcels are in their father’s name and wondered why the county government was claiming ownership.
The family says it has developed the land, built rental houses and buried five other family members on the same land.
The fifth burial occurred in 2019 while Mzee Mavisi was still alive and no one stopped them at the time, Mr Ondego says.
He wonders why the county government did not start the ownership claim before his father died.
“My father died on November 11 last year. We were ready to bury him when the county government came and blocked the process,” Mr Ondego says.
“His body is still in the mortuary because of the land issue. In 1997, the local authority asked us to relocate to land in Lumakanda so that they could take over our land.”
“We did not agree to the plan. In 2012, they made the same demand. Seven families were asked to relocate. We were then alerted that the land in Lumakanda is forest land,” he adds.
The family says it should be allowed to bury the patriarch before the two sides can discuss the issue of the land if the county government is interested in it.
Ms Grace Imali, 80, Mzee Mavisi’s widow, says she is too old to relocate and asks to be allowed to bury her husband in peace.
“We are in pain. This is my home and I need help to bury my husband. I cannot relocate at this age. We have developed this land and own rental houses,” she says.
Her daughter, Ms Josephine Nyangasi, complains that local officials have turned a deaf ear to their concerns.
“They claim our father was paid off. We are wondering when this was done and yet the title deeds are still in his name,” she says.
Lugaga/Wamuluma Ward Representative Victor Ijaika, in whose jurisdiction the area is located, says no progress had been made in the stalemate.
Noting that he was following up on the matter, the MCA accuses the county government of refusing to allow the family to bury their loved one.
“The people who were relocated from Mbale have not been compensated and thus our offices are sitting on private land. Why block the burial of someone you haven’t compensated?” Mr Ijaika says.
“Any underlying issues can be addressed after the burial is completed.” BY DAILY NATION