The agony of a family in Borabu, Nyamira County, whose mother’s remains have remained in a mortuary for five years because of a land dispute may soon come to an end.
This is after the High Court ordered the nullification of a title deed for the contested piece of land, saying the ownership was obtained fraudulently.
Justice Mugo Kamau also ordered Directorate of Criminal Investigations officers to launch investigations against those behind the grabbing and fraudulent transfer of the 100 acres of farmland registered as Isoge Settlement Scheme/Kineni/Block/1/67.
He said that the man who was the purported owner, the late Benson Nyasimi Momanyi, did not leave behind any traceable documentation to show how he acquired the land.
Yunia Bochere’s body has remained in the mortuary for the past five years awaiting the hearing and determination of the land dispute.
Justice Mugo also told the family of the late Momanyi Oseko to move to the High Court to commence succession proceedings for the property and have it distributed among his rightful successors.
Oseko’s youngest son, Robert Oseko, hailed the judgement and promised to start burial arrangements for his mother.
The case arose after Oseko’s family members, led by Robert and Momanyi Oseko, sued the estate of Benson Nyasimi Momanyi, Nyamira Land Registrar, Attorney-General and Kineni Farmers Cooperative Society.
Robert, who is the youngest brother to the first defendant, said that their elder brother had conspired with some individuals to grab the family land.
He told the court that after discovering that the family land had been fraudulently taken away, they wrote to the land registrar requesting documentation for the land but the lands office refused to grant them access to the records.
In his application, Robert pleaded that the court makes, among other findings, that the land was fraudulently registered in of Benson’s name by the defendants, and order cancellation of the purported registration.