Dilemma of a dying man’s wish and vicious succession battle
From left: Michael Kamau, 74, Hellen Njambi, 80, and Christopher Ndegwa, 68, at their family land in Kandara, Murang’a County.
What you need to know:
- As per the agreement, the children were to inherit the land and share it out among themselves.
- Family members have sought the Interior ministry’s immediate intervention over the matter.
A vicious succession battle has now rekindled details of a dying man’s wish to his family.
When Mzee Mwaura wa Kuria aged 107, sensed in 2015 that he was on his sunset days, he is said to have summoned his children and warned them never to engage in any court battle over his property, and they all agreed.
However, despite the children’s commitment, a disagreement has ensued where one of his sons and his dead brother’s ‘wife’ are alleged to have connived to execute a succession process, without involving other family members and proceeded to sell off the land to a private developer.
The children were to share out the 4.2 acres’ reference Loc4/Ng’araria/1828 situated in Kandara onstituency in Murang’a County, but they did not agree among themselves, hence failing to acquire individual title deeds.
As per the agreement, the children were to inherit the land and share it out among themselves.
The land impasse has roped in Samuel Kuria 90, Peter Kuria 88, Michael Kamau 74, Robert Thuo 70, Christopher Ndegwa 68 and John Ngugi 66.
Their failure to agree on how to subdivide it among themselves saw Mr Thuo and a woman named Catherine Wamaitha, sell it off to one Gideon Njogu.
Since the aggrieved are yet to seek legal redress, they have sought the Interior ministry’s immediate intervention, noting that failure to act will result in them becoming squatters on their own land.
So far, nine different surveys are reported to have been conducted but registrar of titles is yet to register any of the siblings for lack of family consensus.
Joshua Ndirangu surveyed the land on July 23, 2020 but later came back and demolished the beacons on December 2, 2020.
He told Nation that the registrar had refused to admit the proposed subdivision because all family members had not consented.
Some of the late Mzee Mwaura Kuria's children who in their old age risk being evicted from their land after their brother sold it off.
The surveyor instead alleged that the police and administrators had tricked him that the land was owned by two people “only for me to later realise that it was officially owned by a quarrelling polygamous family.”
But the tenth subdivision by Simon Nyaga on February 10, 2021 accompanied by armed police officers sailed through leading to successful transfer to Mr Njogu.
Contacted, Mr Njogu told Nation he is not a land grabber as branded by a cross section of the family since he followed due process.
“I was sold the land by two family members who were introduced to me as administrators of the land vide a succession letter that was drawn by area chief,” Mr Njogu said.
The family land was supposed to be shared equally by two widows namely Waithera Mwaura and Muthoni Mwaura.
Ms Muthoni had only one son (Samuel Kuria), while Ms Waithera had five, problem being one son inheriting half of the land while the five shared out the other half.
Ms Waithera’s sons demanded that the land be divided into six equal parts.
Complication arose since one of the deceased’s sons had a concubine called Wamaitha who managed to convince area chief that she was entitled to inherit part of the land.
In the letter of administration that area Chief Lucy Mwangi drew to kick start the succession process, Mr Thuo and Ms Wamaitha were named estate administrators.
“This is where our tussle with Mr Njogu started since he was being sold part of family land by imposed estate administrators at a time when as a family we were yet to agree on how to subdivide the land among our father’s widows, let alone among ourselves as siblings,” Mr Kamau said.
In the earlier nine subdivisions between 2017 and 2020, Mr Thuo and Ms Wamaitha were the ones who were attempting to legalise their succession Cause Number 71 of 2017 at Thika Law Court.
The two managed to get a Certificate of Confirmation of Grant dated December 3, 2019.
The family convened a crisis meeting on January 5, 2021 upon seeing Mr Njogu developing unoccupied parts of the land.
“It is in that meeting that we agreed to risk end our father’s death wish of barring us from court cases. We agreed that seeking restrictive orders for ay transactions on our land was precautionary and not a court case,” Mr Kamau revealed.
Thika Law Court granted the restriction orders on December 15, 2021 and classified it as “absolute until lifted by the prayers.”
Despite the restriction, Mr Njogu managed to buy off the land and he told Nation he is “ready to be challenged by due process.”
Ms Wamaitha said: “Despite not having children with Mr Kuria, I deserve to inherit his estate and together with my brother in law-Thuo, we sold the land genuinely, with the support of relevant authorities.”