Yet another storm is brewing at the troubled Luo Council of Elders which has been struggling to cope with endless bickering pitting two factions that are both claiming legitimacy over the leadership of the cultural outfit.
This time, the controversy is around the prime land where the council headquarters building; Ofafa Memorial Hall stands, off the Kisumu - Kakamega Highway.
The property that once belonged to the now defunct Luo Union ( that's what the union was referred to before it was owned by the Luo Council of Elders) sits on approximately 1 hectare piece of land.
In the land records, the prime land was allocated by the government, under a 99 lease agreement to the then Luo Union Trustees on 1st March 1956.
According to the documents, seen by the Star, on June 2nd 2009, the registered trustees of the Luo Council of Elders received a certificate of lease for the property listed as Kisumu Municipality/ Block 5/25 which measures 1.0174 hectares.
However, the fresh controversy has been kicked off by a demand notice dated December 11th, 2023, issued to the council's trustees by the City of Kisumu on behalf of the local county government.
The notice indicates that the Luo Council of Elders owes the City of Kisumu a total of Sh86 million that accrued on unpaid land rates over the years.
According to the demand notice, the council should pay land rates arrears of Sh 3,029,580, annual rates of Sh 252, 465 and an accumulated penalty worth Sh 83,435,740 which was due by 31st March this year.
According to the notice, the total amount due to the City of Kisumu is Sh 86,717,785.
On Monday, Kisumu City manager Abala Wanga said the council must pay the outstanding amount or the property will be repossessed to recover the same.
Abala also accused the trustees of allegedly allowing illegal businesses to be undertaken at the Ofafa Memorial Hall compound.
"They have allowed illegal structures and kiosks at the cultural centre. There is a lady that collects rent from the businesses, including from a church and car wash businesses on behalf of the trustees who is also engaging in illegal businesses there," Abala claimed.
There have been repeated unsuccessful attempts by the city authorities to bring down the structures at the Ofafa Memorial Hall compound.
The elders allied to one of the factions moved to Court and stopped evictions by the county government last year. The matter is pending before the Court.
On Tuesday, Ker Odungi Randa who took over the office following the death of Ker Willis Otondi told the Star that negotiations with the county government of Kisumu are underway to resolve the matter.
Speaking to the Star on the phone, Odungi accused those who held the office before of failing to pay the taxes.
"We have allowed the city authorities to help us renovate the building so that it can attract tenants. This will enable us to generate money to offset the accumulated debts as we continue to negotiate with the county administration," he said.
But Nyadiko Ongadi who leads the faction that went to court last year had a different opinion over the current raging issue.
Nyandiko who insists that he is the legitimate chairman of the Council dismissed the claims by the city manager as unfounded.
Also speaking to the Star on the phone, Nyandiko further dismissed claims by the City of Kisumu that the council owes any money to the county government of Kisumu in land rates.
The Chairman insisted that the land was given to the community by the government for cultural activities and has never attracted land rates ever since.
" We have had previous governments that exempted the leadership of the council from payment of land rates. So we can't be talking about the issue of defaulting because it doesn't arise anywhere," he said.
Nyandiko noted that from the days of the late former vice president and opposition leader the late Jaramogi Oginga Odinga as Ker, the council has never been asked to pay any land rates or related taxes.
"I took over from the late Ker Riaga Ogalo who never received any such demand notice from any government. I have been at the helm for 9 years. Why now?" he quipped.
He said if the issue is not politically motivated, then he is willing to convene a meeting of the Luo community and tell them the county government of Kisumu now wants the council to pay rates for the land.
" If there are new bylaws that require us to pay land rates for the said parcel of land by the county government led by Prof Anyan'g Nyong'o then, I'm ready to invite all Luos to discuss the matter and agree on a way forward," he said.
He claimed that part of the land had been hived off and developed against the will of the trustees.
"I suspect this is political and the intention is to grab the remaining portion of the land by some individuals. The property is held in trust by the council on behalf of the Luo community. We won't let it go to an individual or individuals," he added.
This is not the first time the council of elders and the County Government of Kisumu is having a controversy over Ofafa Memorial Hall property.
Ahead of the ninth Africities conference which was held in Kisumu in May 2022, among the facilities that were targeted for a face-lift included Ofafa Memorial Hall.
City authorities had earmarked the centre to host the guest elders from across African nations during the week-long conference that had been postponed several times since 2020 due to the COVID-19 pandemic.
The City manager declared during the preparations, ahead of the continental meeting that works at Ofafa Hall would involve erecting a perimeter wall, Civil works, gardening and beautification of the one-acre compound.
This never happened since the trustees would hear none of it.
"We will also be renovating and upgrading the Hall to include the elder's lounge, a cafeteria and a cultural corner," Abala said ahead of the conference.
Abala said at the time, before the conference that those who had encroached on the Ofafa Memorial Hall compound would be forced to move out.
"The facility has been taken over by people who are doing all manner of businesses that are not approved by the authorities," Abala told the Star at the time.
"Those who operate various businesses at the centre owe the county government Sh45 million in unpaid rates," Abala stated then.
He said the county government had decided to reign in and restore sanity at the hall and bring back the glory of the facility that once served as a cultural centre of the Luo community.
This failed to happen after the elders stood their ground and opposed the push by the city authorities to have its way with the intended face-lift.
Ofafa Memorial Hall was built with funds from the Luo thrift, under the patronage of the doyen of opposition the late Jaramogi Oginga Odinga.
It was in memory of Ambrose Ofafa, a pre-independence trade unionist who was killed in Nairobi.
The Memorial Hall for decades served as the Luo nation's headquarters.
Luo rituals were performed at the Hall, and significant meetings that impacted the community would be discussed and declarations made there. Jaramogi's vision for the hall was to ensure it remained a citadel of Luo culture.
Today the once Luo cultural center has become a marketplace of merchandise, religion and alcohol.
Car washes litter the place and a garage is now amongst the thriving businesses found there.
On Monday, Abala said the management of the facility was left in the hands of the Luo Council of Elders on behalf of the community in trust.
"But someone has made it a private business without even processing the change of user. They will have to move out and pay what is owed to the county government, " he said.
