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Before deciding to move to court to sue her brothers over the right to inherit her father’s land, Rachael Korir, 72, was confined to a tiny area where her grass thatched and another dilapidated house stood.
Her brothers, Joshua Kiprono, 68, and Samuel Kiplangat, 76, had refused to allocate her an inch more despite the fact that their deceased father Joel Korir who died in 2012, had left behind 42-acre piece of land.
On July 23, 2012, Ms Korir, lodged a case before High court Judge Mumbi Ngugi, upon learning that her brothers had sought the services of a surveyor to formally undertake the sub-division of the land located in Cheborgei village in Bureti constituency.
An application for letters of administration intestate to the estate of the deceased dated July 13, 2015, Joshua Kiprono Cheruiyot, indicated the assets of the estate as comprising one property, Kericho/Cheborge/486 measuring 17 hectares which was valued at Sh10 million.
The liabilities of the estate were indicated as one purchaser, Jackson C. Sigei, who had purchased one acre from the deceased. Letters of administration intestate were duly issued to Joshua Kiprono Cheruiyot on 14th October 2015.
By an application dated March 7, 2016, Cheruiyot applied for confirmation of the grant of letters of administration intestate.
The affidavit sworn by the administrator on the mode of distribution indicated that the estate would be distributed between him Joshua Kiprono Cheruiyot and his younger brother (Samuel Kiplangat Cheruiyot).
Justice Ngugi, in her judgment, stated that the arguments advanced by the petitioner and his clan and their reliance on Kipsigis custom which essentially seems to be that daughters (women) belong nowhere until they are married must fail in light of the provisions of the Constitution and the law. Article 27 prohibits discrimination on any basis such as race, colour, ethnic origin or sex.
After a seven-year wait, on Friday, Ms. Korir and her sisters; Sarah Rotich, 74, Alice Korir, 70, Elizabeth Sang, 64, Jane Ruto, a daughter 66, Esther Korir, 62, shed tears of joy as they sang and danced their way to receive their Title Deeds from Pauline Muriithia, the Deputy land registrar.
Each of the sisters received a title deed for five acres at the event which was witnessed by select women rights crusaders from across the country.
“For years, I was crying of hunger because I did not have a place to plant food crops or even build a house. I literally did not have anything. However, today words cannot express my joy after the government issued me with a title deed,” said Ms Korir.
The mother of eight children explained she had been forced to move to court after elders sat more than 20 times but couldn’t convince her brothers to allow her to settle on her father’s land.
“I did not move to court because I wanted, but because I was forced to. The elders did not help. I had asked for my brothers to only allow me to settle on half an acre of the land to build a house and go to hustle elsewhere but they flatly refused to hear my plea. I was really disappointed and hurt,” said Ms Korir.
The court journey was not easy.
“There was a time the file went missing for six months. The frustration I got nearly forced me to take my life,” said Ms Korir.
Just when she was about to give up she came into contact with Naomi Lanoi who works with Women Land Rights Programme under the Kenya Land Alliance (KLA).
“The officers from the Kenya Land Alliance told me that I will not die before I see justice being done. Today my sisters and I have received our title deeds,” she said adding: “From today Kenyan women must know that they are entitled to inherit land from their fathers.”
Kipsigis Myoot Council of Elders chairman (Rtd) Bishop Paul Lelleito called on the sister’s brothers to respect the court decision.
