Inside families property disputes passed on among generations

Nakuru High Court Judge Samwel Mohochi (right) holds a court session, flanked with lawyers, beneficiaries and administrators on July 18, 2024, during a site visit on a 666-acre land in Njoro Sub County, forming part of the estate of late politician Kibowen Komen. [Daniel Chege, Standard] When prominent families in Kenya lose their heads, the grief often gives way to another burden - bitter inheritance wars that span generations. Estates worth billions of shillings are left lying in limbo, tied up in courtrooms as children, stepmothers, in-laws, and even strangers clash over control. The battles reveal a recurring problem: many family heads die without wills, leaving their loved ones to fight over property. Some die with secrets entire families no one knew about - sparking disputes that drag on for decades. Instead of unity, families are split apart. In some instances, children who once stood by their parents end up facing them in court.Beneficiaries who have moved to court with the hope of getting grants to administer the estates within six months have had a shocker as the same has turned to bitter court battles for decades, against relatives they knew and those they did not know. When famous politician Kibowen Komen died on February 15, 1997, his son, former Rongai MP William Komen, moved to court to ensure the inheritance distribution was implemented. ALSO READ: Property disputes in families Komen had the responsibility to unite the three families under the care of his surviving step-mothers, Magdalina Tapsiarkani, Sote and Rachael Komen. The estate comprises over 3,600 acres of land, petrol stations, shares at the East African Breweries, and parcels of land scattered across Nakuru and Baringo counties. Other property includes a trust in Kabarnet consisting of rental houses, restaurants, and petrol stations with a monthly income of Sh500,000 and a water company at Keringet with a monthly income of Sh1 million. Court documents by Grace Komen, Kibowen's daughter-in-law, showed that two years before he died, Kibowen called for a family meeting and explained to them how his property should be distributed. However, 28 years later, the same has not been realized with the dispute passed on in generations. Komen, who filed the case on September 12, 1997, was met with objections from Sote and Rachael within the same year, leading to a series of court battles. On February 10, 2006, a grant of letters of administration was issued to Komen, Rachae,l and Magdalina after they recorded a consent. However, Magdalina passed on, and her son, Mohammed Komen, replaced her as one of the administrators. In an affidavit of April 11, 2017, Rachael stepped down as an administrator, "I pray that the court exempts me as an administrator. I am not in any possession of documents or funds relating to the estate," she said. However, Sote moved to court in July 2017, for Mohammed to be replaced as an administrator by her son Stephen, for allegedly failing to administer it. As a result of his failure, Justice Anthony Ndung'u revoked the grant issued to Mohammed and granted it to Stephen on August 10, 2018. Komen then died on June 22, 2019, and instead of distributing his estate, his 11 children battled for the property he inherited from his father, with negotiations bearing no fruit. On May 30, 2022, Komen's son, Peter Kipruto, was appointed an administrator alongside Abdulghani Komen, Abdulkadir Mohammed, and Evan Kiptui. The case is still pending with administrators, in-laws, siblings, and creditors battling in court. At least 700 freedom fighters were allegedly allocated over 100 acres in Njoro, Nakuru County, in 1986, by then President Daniel Moi as an appreciation. They said they paid Sh820,000 for the land. READ: Land family disputes complicated by laws However, in the early 1990s, some squatters claimed the land belonged to them and a court dispute ensued. By the late 1990s, only a few veterans were alive, forcing the descendants of deceased freedom fighters to inherit their parents' disputes in court. James Maina, the son of Kamanga Mukonyoro, a freedom fighter, had to take over the dispute after his father became old and unable to defend his claim in court. After over 25 years, the descendants won the case in court, and in March 2025, the 723 descendants finally obtained a decree allowing them to evict 200 squatters from the land. "A permanent injunction is issued restraining the plaintiffs (squatters) or any other person from continuing to be in occupation or trespassing on the defendants' (Mau Mau) land," ruled Judge Antony Ombwayo. Since the decree was issued, Maina said that some of the squatters who had rented houses within the land had started vacating it. However, he said those who had constructed on the land had refused to leave, despite several pleas from them. Maina said many lives had been lost as the land dispute continued before the court, despite the verdict, he believed the squatters would appeal the same. "We are ready for any appeal. But we hope that this dispute that began with our parents will not trickle down to our children," said Maina. Speaking after the dispute, Mukonyoro said that he had won the Second World War after the first war against colonizers. He, however, urged his children and grandchildren to continue with the fight to repossess Mau Mau property in Gilgil, Dundori, Elburgon, Molo, Londiani, Nyahururu, and Nanyuki. Another dispute is among the kin of former maverick politician Kihika Kimani, who died on November 19, 2024, leaving an estate estimated to be worth over Sh600 million. Despite settling his eight wives and 41 children, the same did not stop them from moving to court to fight for control of the estate. After 21 years, the battle that started with Kihika's widows has trickled down to his children, who have turned against their mothers. Kihika died without writing a will. His eight widows are Margaret Wambui, Alice Mukuhi, Jane Wanjiru, Mary Wangari, Winnie Wanjeri, Charity Nyambura, Mirriam Warau, and Lucy Wangari, respectively. Wambui moved to court on July 28, 2005, and sought court orders for the estate to be shared equally among all the widows. However, on August 13, 2007, one Charles Muchuka applied, claiming that his mother Agnes Muthoni was married to Kihika under a Kikuyu customary marriage. The application was dismissed by Judge Daniel Musinga. Another woman, Grace Wanjiru, entered the case as an objector on June 29, 2009, claiming she was married to Kihika and had one child with him. She sued Wambui, Mukuhi, among others, but then Judge David Maraga dismissed the case on October 13, 2009, for lacking merit. "The grant of a letter of administration of Kihika's estate is issued to Wambui, Mukuhi and Wanjeri, and Weru," ruled Maraga. Peris Njoki, one of Kihika's daughters, battled her stepmother in June 2011, but the case was dismissed. A new dispute then brewed between the widows and their children. On September 14, 2018, Anthony Gichia (Mukuhi's), Judy Muthoni (Wangari's), and Florence Nduta (Wambui's) applied to replace their mothers as administrators. They claimed their mothers were old, senile, and unable to carry out the duties of administrators. However, on January 24, 2019, Justice Ndung'u dismissed the application and maintained that the women can continue as administrators. They appealed. Erishifa Wanjiru, Wambui's firstborn daughter, got her mother's blessing to replace her as one of the four administrators. However, Nduta, Wambui's third-born daughter, opposed the same. They battled for two years before Justice Rachel Ngetich replaced Wambui with Nduta on February 12, 2021, arguing that Wanjiru was abroad while Nduta was available and qualified to manage the estate on behalf of her mother. Aggrieved, Wanjiru appealed, and the case is pending. A review by Harvard Business shows that the problem of creating and sustaining a family legacy over business and property is a worldwide challenge. "It's no secret that family businesses can struggle with governance, leadership transitions, and even survival," read the review. Speaking to The Standard, Rift Valley Law Society of Kenya Chair Aston Muchela said that the estate disputes in courts had contributed to the backlog in court cases. He insisted that the judiciary, lawyers and litigants must work together to ensure there are ways to resolve the disputes promptly.

Inside families property disputes passed on among generations

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