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Court extends warrant of arrest against woman in disputed land sale case

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A court in Tamu, Muhoroni Sub-County, has extended warrants of arrest against a woman facing charges linked to the alleged fraudulent sale of a parcel of land to two different buyers.

Senior Principal Magistrate Lillian Kinaile issued the order after the accused, Rahab Obange, failed to appear in court for the hearing of her case for a second consecutive time.

The prosecution requested the extension after Obange did not attend the hearing. She had also failed to appear in court last month without explanation, prompting the initial warrant of arrest.

Appearing virtually, members of her defence team told the court that she had been admitted to hospital and said medical records would be presented during the next hearing, scheduled for next month.

The development comes after the court directed the Directorate of Criminal Investigations (DCI) to investigate the authenticity of a medical report submitted by Obange in support of an earlier absence from court.

The report, allegedly issued by Nyamira Sub-County Hospital, indicated that she had been admitted on the same day she was due to appear before the court.

However, Magistrate Kinaile noted that the document had not been officially stamped and that some dates appeared to have been altered.

The court subsequently ordered Obange to produce proper medical records when the matter came up for hearing on 25 March 2026. She did not appear.

Tamu Law Courts in Muhoroni Subcounty, Kisumu County/Photo by Fredrick Odiero.

Obange is facing charges of obtaining money by false pretences in connection with a disputed parcel of land in Muhoroni town.

Prosecutors allege that she sold the same property to Susan Matoka and Evans Abondo. The dispute has also been the subject of a civil case.

In an earlier ruling, Senior Principal Magistrate Amos Mokoros found that the parcel legally belonged to Ms Matoka, who had entered into a sale agreement with Obange before the land was later sold to Mr Abondo.

According to the court, Obange agreed on 17 September 2021 to sell the land to Matoka for KSh600,000. The agreement required a deposit of KSh120,000, with the balance to be paid by February 2022.

The court heard that Matoka had paid KSh330,500, leaving an outstanding balance of KSh269,500.

Mokoros ruled that Obange had refused to accept the remaining payment, amounting to a breach of contract.

Matoka later discovered that another buyer had begun putting up structures on the land while claiming ownership of the property.

Tamu Law Courts in Muhoroni Subcounty,Kisumu County/ Photo by Fredrick Odiero.

Abondo argued that he was an innocent purchaser. However, the court found that he had failed to provide sufficient evidence, including a sale agreement or proof of ownership.

Mokoros also noted that Matoka had demonstrated her willingness to complete the transaction through mobile money records and text messages.

The court ordered Obange to complete the sale to Matoka and issued a permanent injunction barring Abondo, his agents or employees from occupying or otherwise dealing with the property.

Abondo subsequently appealed the decision at the Environment and Land Court in Kisumu, where Justice Esther Asati ruled in his favour.

Matoka has since lodged an appeal challenging that judgment at the Court of Appeal. The criminal proceedings against Obange are continuing.

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