Court orders equal distribution of 302.5-acre land after 36 years of legal battle

Court Gravel. [File, Standard]

The High Court in Eldoret has ordered the family of the late Chemwok Chemite to divide the 302.5-acre land equally, ending a 36-year legal battle.

Chemite, born in 1924, died intestate 46 years ago, leaving behind land and livestock worth over Sh300 million in Elgeyo Marakwet and Uasin Gishu.

He was married to five wives, all deceased, with 31 children who have fought for succession.

Judge Reuben Nyakundi ruled that the estate be split equally among all children, regardless of gender, with each receiving about 8.18 acres.

He explained that equality can be maintained without physical land redistribution, as families can stay on their current parcels and compensate others if their shares differ.

The ruling emphasizes gender equality and disapproves of customs that discriminate based on gender or birth circumstances, citing constitutional protections.

Disputes arose when two daughters from one wife challenged the estate division, claiming they were left out.

The court acknowledged the estate's approximate size of 302.5 acres, with some beneficiaries arguing for respect of previous agreements and settled land, which totals about 254.4 acres.

The judgment reflects efforts to promote justice, social cohesion, and respect for African cultural values within constitutional rights.