All the parties must engage at every stage of land succession

Land ownership has been an emotive issue in Kenya for decades with a backlog of related cases that take many years in court without being resolved.

Once a person dies, all their property is protected by the law and anything done without succession through a court of law is considered illegal. But in many cases, after the demise of a person, family members who are beneficiaries of the assets take a long time to initiate the succession due to various factors. That complicates the matter and people resort to seeking legal redress.

Women bear the brunt of inequality in family property sharing. Ranging from cultures that don’t allow the daughter of a deceased person to inherit the land and greedy family members demanding a bigger share without justification are among factors prolonging land disputes in courts and mediation.

Despite the law being clear and recognising all parties as equal in succession matters, there have increasingly been objections during land subdivision. Many administrators refuse to cede some parts of the land due to their long use of property or land.

Land succession

The local administrators, led by chiefs, should inform the community to understand land succession—starting from the introductory letter and when to commence the exercise—once a person dies to reduce the increasing  land inheritance rows.

The landowner has the power to distribute the land as he or she wishes but a challenge arises when some beneficiaries are left out of a will prepared by the deceased, which can easily be contested in court.

The relationship of the parties in land succession matters a lot and there has to be a reconciliation for a smooth process without hardliners as going to court leads to conclusions and decisions that are binding and supersedes all other institutions.

Land administrators from communities that are against women’s property inheritance are equally saboteurs of justice. Moneyed men may also work in cahoots with local administrators to frustrate women’s right to inherit their father’s land. Long and winding cases in courts scare many women from seeking justice. Court processes demand money yet many disadvantaged women don’t have much of it.

Lack of information among women also makes many of them lose out on an inheritance. While the law backs their right to a fair share of family inheritance, most women are oblivious to this provision.

Disputes

Many legal professionals urge parties in land disputes to embrace fair and peaceful resolutions devoid of bias, threats and intimidation of vulnerable family members. For instance, mediation helps people to engage soberly and build relationships without leaving behind a disintegrated family.

A land administrator should not control how to share property or dictate the process but only help to execute the documents as required by law. Besides, he or she can be removed by the court.

The contribution of both men and women cannot be gainsaid and, thus, both genders should have a say at the table of inheritance for a fair society.

Mr Chitwa is communication officer, Uasin Gishu County. [email protected].