We want our share of dad’s land, say sisters in 30-year tussle

For seven sisters in Trans Nzoia County, the adage, justice delayed is justice denied has come to acquire a special – if painful – meaning.

For 30 gruelling years, the siblings have been up and down the corridors of justice, waiting for the legitimate ownership of more than 400 acres of land to be determined.

The 458-acre land is part of the estate of their father, the late Clement Munga Muna. Four of them have since died, meaning they will never get to know the verdict on the property ownership dispute pitting them against their brother, Mr Solomon Muna, who was granted letters of administration to the estate.

According to Ann Njoki – the second last born daughter, a letter of administration intestate was made to Milka Mwihaki – their mother, Solomon and Samuel Ng’ang’a (other brother) on November 12, 1992 and confirmed on December 3, 1996.

However, as she puts it, her brother Solomon bestowed himself as sole administrator immediately after their mother’s death, leaving out Samuel and not involving his sisters. He also went ahead to change his names from Solomon Muna to Solomon Clement Munga Muna (adding their father’s names).

Furthermore, he shared the property and land amongst the boys, denying his sisters inheritance left by their father.

Family attempts to call for a meeting to resolve the matter proved futile since he either could not be reached or turned them away.

Inheritance dispute

“When our mother died, there was no family meeting to discuss her replacement as an administrator. As daughters, we felt it could have been one amongst us,” Ms Njoki recalls.

The inheritance dispute began in 1992, when the seven sisters (all were alive) moved to court after their brother Solomon denied them a share of the land.

Their father died on July 27, 1990 followed by their mother on May 1, 1993.The seven daughters filed a petition with the Land Dispute Tribunal, which ruled in their favour.

However, the High Court in Eldoret overturned that finding in judicial review proceedings – Eldoret Miscellaneous Application No. 76 of 1995.

Unfortunately, Mary Muthoni – the eighth born who was at least more educated, while pursuing the case in Nairobi, died mysteriously.

Her death was a blow to her sisters who were engulfed with fear, forcing them not to pursue the case further.

To make it worse, other sisters; Peninah Wanjiku, Naomi Wairimu and Loise Wangui died of different illnesses due to hardships in life.

When the Nation.Africa visited the three remaining sisters – Elizabeth Waceke (84), Priscilla Wangechi (80) and Anne Njoki (62) at Gutongoria village, they recalled how their father came to own property in Trans Nzoia.

According to Ms Wangechi, their father and his brother Appollos Mwangi having acquired wealth after working at Kijabe Missionary as a masonry and a former Mau Mau fighter respectively, moved from Kijabe village in Kiambu in 1963, and bought the land jointly after selling their property.

“The family was so united when our father was alive. I could oversee the sale of maize harvest and my eldest sister, Elizabeth, made sure surveyors got food during the land subdivision process (between their father and his brother) while my brother Solomon, oversaw the exercise,” narrates Ms Wangechi.

Thereafter, their father established himself as a prominent seed maize and dairy farmer in Trans Nzoia.

Jane Wangechi (51) – the only daughter of Elizabeth Waceke – recalls how her grandfather would slaughter a bull for his family to enjoy during Christmas celebrations.

“Us being kids, we would always cherish to visit our grandfather during festive season. He would slaughter a bull and share among family members,” she tells The Voice at her grandfather’s home in Gutongoria.

She, however, says the family that was always the weight that kept them grounded and their beacon in the storm, became detached with sons and daughters of her late grandfather pulling different directions.

For the dejected grandchildren of the deceased, it has been pain and suffering for the past 30 years waiting for justice on behalf of their mothers.

Dorcas Waceke, 39, explains how her mother (late Mary Muthoni) died mysteriously while pursuing the inheritance case in Nairobi forcing her and her sister to terminate their education to take care of their young siblings.

“I was born in a family of eight, one boy and seven girls. When my mother died, I was to join Form One. Our last born was three years old then, so I quit school to join my eldest sister who had already left school to take care of our siblings,” she narrates in tears.

Moreover, their uncle Solomon, who was supposed to assist them went ahead to evict them from the land (a plot their grandfather gave to their mother) they were staying on, rendering them homeless.

She wishes her mother was alive, they could have gotten education and probably had good jobs.

Naomi and Monica were also unable to go to school after their father died and their mother (late Loise Wangui) was ill suffering from diabetes and blood pressure.

The family is calling on the government to intervene and help them get justice since the case has been in court for a long period of time.

However, Solomon has since denied his sisters claims and insists that before their father died, he made sure everyone had his own share of inheritance.

Surviving sisters

“Our father gave out land to each one of us before he died. Some chose to sell their portions and are now demanding a share of what I was given,” Solomon said when he spoke to us on phone from Nairobi.

Solomon’s brothers are, however, in support of the sisters saying the girls were given a share of the land as inheritance.

The three surviving sisters have filed a fresh petition challenging the management of the property.

This was after Justice Wanjiru Karanja of the Court of Appeal dismissed another appeal they had filed on technicalities, giving an upper hand to their brother, whom they accuse of disinheriting them.

“It’s unfortunate the case was dismissed on technicalities based on gender inequalities. The Constitution asserts gender and women inheritance rights. We have a right to a fair hearing,” says Ms Njoki, the last-born of the sisters.

She wonders why her brother Solomon would use their father’s name in his ID, making it look like the sisters are suing their own father.

She expresses frustration with the courts for dragging the case for more than three decades.

They have petitioned acting Chief Justice Philemona Mwilu to intervene and have the matter concluded within the shortest time possible.

“We have been seeking justice for the past 30 years, but the case has dragged on for too long and it is high time a ruling was issued,” says Ms Wangechi.

They have also petitioned Director of Public Prosecutions (DPP) Noordin Haji, to help them unravel the reasons behind the delay of the case determination.

The sisters express fear for their lives after unknown people vandalised the roof of their late father’s house, where they live.

Furthermore, Ms Njoki says she cannot put the land into use because of a letter her sister-in-law (wife to her brother) wrote stopping her from using the land, despite having a status quo from the High Court directing her to stay there.

On January 4, 2017, the sisters, through Ms Njoki, applied for revocation of the grant in the High Court in Nairobi – Succession No.857 of 1992.

On December 10, 2018, Justice Aggrey Muchelule delivered a ruling on the application. The court dismissed the application, terming it an abuse of the court process.

 The judge further said the judicial review decision was similar to the application before court, shutting the door on the seven daughters.

Aggrieved by the decision, the appellant filed a notice of appeal at the Court of Appeal in Nairobi on December 20, 2018.

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