A 39-year land dispute involving Philis Akonji, a widow from Wetayi village in Kakamega, has exposed the village “makata” culture, where informal payments allegedly determine who is heard in local disputes. Her story comes as the government proposes Sh3.9 billion for monthly stipends to village elders to curb such practices and strengthen grassroots justice.
Nearly four decades after the death of her husband, Philis Akonji of Wetayi village in Lurambi, Kakamega county still remembers the day she surrendered. She had spent years pursuing justice over a piece of land she had bought after her husband's death in 1987. The land represented hope, security and a chance to rebuild her life as a widow. Instead, it became a painful reminder of a system she felt had failed her.
After countless visits to local administrators, carrying documents and pleading her case, she finally gave up. "I tore the papers," she recalls quietly. "I got tired and left everything to God."
The documents she destroyed were proof of ownership of the disputed land. Rich and influential men from her village had allegedly taken over the property, and despite repeated attempts to seek intervention from local authorities, she says her efforts bore no fruit.
The problem, according to the widow who is currently in her early seventies, was not merely bureaucracy. It was a culture that had become deeply rooted in many villages across Western Kenya — the expectation of "lume" or "makata", informal payments to elders that often preceded the handling of disputes.
"I lost my precious land not because I was wrong, but because I couldn't raise the money that was being demanded. Those who could afford it were heard; I wasn't," she said, lowering her head and gripping her walking stick tightly.
For residents with money, makata was considered a normal part of the process. For vulnerable people like widows, however, it could become an insurmountable barrier to justice.
Last week, a new government proposal offered a glimmer of hope to citizens like Philis.
Local administrators during a sensitization conference at Golf Hotel in Kakamega.
Speaking during a three-day sensitization meeting for national government administrators at Golf Hotel in Kakamega, a representative of the Regional Commissioner, Mr Kennedy Lunalo, announced that the government was working on a framework to provide monthly stipends to village elders.
The move, he said, is intended to improve efficiency at the grassroots level while reducing the long-standing practice of village elders demanding facilitation before handling community disputes.
"In some places it was called lume, in others makata," Mr Lunalo explained during an interview after the meeting. "The government has come up with a framework to give village elders a monthly stipend. That is aimed at maximising efficiency and reducing this practice of them asking clients for makata."
The proposal has already received financial backing from the national government. While presenting the 2026/27 Budget in Parliament earlier this month, Treasury Cabinet Secretary John Mbadi proposed an allocation of Sh3.9 billion to facilitate village elders across the country. Mbadi said the funds would enhance local administrative capacity while recognising the crucial role village elders play in addressing security and other community challenges at the grassroots level.
"I have also proposed Sh3.9 billion for stipends to village elders to enhance local administrative capacities and to appreciate and recognize the role played by village elders in helping address security and other societal challenges," Mbadi told Parliament.
For Philis, news of the proposed stipend was welcome. She smiled broadly when informed of the government's plans. Yet her optimism was tempered by years of disappointment.
"How will the government ensure they stop asking for makata after receiving the stipend?" she asked.
Her concerns reflect a reality familiar to many rural residents. While the proposed stipend may address some of the financial pressures faced by village elders, questions remain about accountability and enforcement.
"If they still ask for money, who do we report to?" Philis wondered. "And what happens if the people you report to also expect something before they help you?"
Her doubts reveal a deeper challenge facing anti-corruption efforts in rural communities. Financial incentives may reduce the temptation for informal payments, but restoring public trust may require stronger oversight mechanisms.
Village elder incharge of Emasera village in Lurambi constituency, Gerald Nabwayo, who was also interviewed, supports the government's proposal. He argues that many village elders operate under difficult circumstances, often spending their own money and sacrificing personal time to resolve disputes, conduct community mobilisation and respond to emergencies.
"Sometimes you are on your farm or doing your own work when someone calls because they need help," he said. "You have to leave everything and go, even at night. Yet you also have a family to provide for."
According to him, village elders are often the first point of contact when disputes arise within communities. "We are the ones who know what is happening on the ground," he said. "We are the ones who receive reports from residents and pass information to chiefs and assistant chiefs."
Nabwayo acknowledged that village elders occasionally receive tokens of appreciation after resolving disputes but maintained that these are voluntary gestures rather than demands. Still, the distinction between appreciation and expectation has often become blurred in the eyes of residents.
For people like Philis, the consequences have been profound. The land she believes she lost is unlikely to be recovered. The documents she once relied on are long gone. The years she spent pursuing justice can never be returned. Yet she remains hopeful that future generations may not endure the same experience.
As the government moves to implement the stipend programme, many villagers will be watching closely to see whether it succeeds in dismantling a culture that has survived for generations.
For Philis, the question remains painfully simple. Will the proposed stipends finally make justice accessible to everyone, or will the price of being heard simply take a different form?
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