Bondo Senator Dr. Oburu Oginga has taken legal action to stop the construction of a new mitumba (second-hand clothes) market in Bondo Town. Together with a member of the public, Dickson Oruko Oburu, the senator filed a petition at the Siaya Environment and Lands Court, seeking an injunction to halt the project spearheaded by the Siaya County Government.
Through their lawyer, Sylvia Nyambeki, the duo successfully obtained a court order from Lady Justice Edda Dena on May 27, 2025. The judge ruled that the current status of the disputed land parcels — Bondo Township/58 and Bondo Township/59 — must be preserved as of May 26, 2025. The court also directed that no further construction or development should occur on the sites until further notice.
This legal move comes just weeks after Siaya Governor James Orengo officially launched the mitumba market project on May 5, 2025. The county government had intended to provide a more conducive and organized environment for local traders dealing in second-hand clothes.
According to the petitioners, the parcels of land in question were legally acquired under a 99-year lease effective from July 1, 2024. Dr. Oburu and Mr. Oruko claim the county government unlawfully encroached upon their property without following due legal procedures. They argue that traders had been informally using the land, but the government failed to consult or compensate the legal leaseholders before initiating construction.
The Siaya County Government has been named the respondent in the suit, while the National Land Commission has been listed as an interested party.
The case, filed under a certificate of urgency, underscores simmering tensions between private landowners and local authorities over land use and development rights. The Environment and Lands Court is expected to give further directions on the matter on Friday, May 30, 2025.
As the legal battle unfolds, the fate of the mitumba traders, many of whom had hoped for improved business conditions, hangs in the balance. The dispute raises critical questions about land ownership, public development, and proper consultation in Kenya’s devolved governance system.
