Court to give ruling on mother, son land dispute

By PAUL MUTUA

Kitui, KENYA: A Kitui court will today rule on whether a land case involving a 90-year-old granny and her son will continue or be resolved through arbitration.

Acting Chief Magistrate Alfred Kibiru will either consent to the plaintiff, Grace Katuti Mutinda’s plea to have the court make its decision on the dispute or uphold the will of the granny’s son, Fredrick Mikate, who is seeking an out-of-court deal.

The case has attracted public interest and today’s ruling is likely to be a land mark in Kitui County.

Mutinda wants Mikate barred from occupying any part of her 5.12 hectares of land, arguing that she is the sole registered owner.

The granny contends that she and her late husband Joel Mutinda Nguli gave their son and his wife, Lenah Kasyoka, two other parcels of land, and therefore he has no right to demand for more.

OUT-OF-COURT DEAL

In her opposition to her son’s wish to have the matter resolved amicably, Mutinda, through her lawyer Morris Kimuli, said her son’s application has already been overtaken by events “as the option of mediation was given by the court but the parties did not take it”.

The plaintiff says Mikate had not agreed and submitted to a mediation or arbitration process as required by Order 46 Rule 1 and 2. The evidence has already been taken and respective cases closed.

But in his application to have the matter referred to mediation, Mikate’s lawyer, Kinyua Musyoki, said it is in the interest of justice that the concerned parties give way for an out-of-court deal.

“The court is mandated to promote alternative dispute resolutions without prejudice,” Musyoki said.