Why Governor Nyong'o Could End up Behind Bars

Kisumu Governor Anyang' Nyong'o, Deputy Mathew Owili, and City Manager Abala Wanga are facing the looming possibility of a six-month jail term or a fine for failing to comply with court orders prohibiting them from assuming control of the disputed Ofafa Memorial Hall.

Their fate will be decided on March 6 during a hearing for a contempt application filed against them. On January 29, 2024, Justice Samson Okong'o delivered a ruling that extended temporary orders preventing the individuals from engaging in any activities at Ofafa Memorial Hall until the March 6 hearing. The Luo Council of Elders' registered Trustees—Calvin Ariko Lukio, Lawi Raburu Javan, and Jane Akinyi Midialo—have lodged a lawsuit against the Kisumu county government and City Manager, accusing them of contempt of court.

Governor Nyong'o, Deputy Dr Owili, Acting County Secretary Ms Oluoch, and City Manager Mr Abala Wanga are being held accountable for deliberately violating the orders issued on December 15, 2023. The ceremony honouring Jaramogi Oginga Odinga at Ofafa Memorial Hall was marred by controversy. Despite court instructions, the county government and City Manager proceeded to demolish parts of the hall, not only destroying structures but also claiming the property as their own.

This act of demolition and eviction was a direct defiance of the court's orders and disrupted the businesses of traders occupying the disputed land. The claimants in the case now face the risk of legal action for violating their tenancy agreements. Furthermore, the county government went on to hold the coronation of the Ker of the Luo Council of Elders Mzee Odungi Randa and hosted the memorial for Jaramogi Oginga Odinga at the renovated Ofafa Memorial Hall, once again disregarding the court's instructions. The applicants have submitted a contempt charge.