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Battle of two brothers over land inheritance leads to huge loss

Rift Valley
 Nathan Koech's residential home was reduced to ashes. [iStockphoto]

A battle by two brothers over the inheritance of their father's land in Nandi County has led to a massive loss of property after a homestead and sugarcane plantation was burnt down.

In a dramatic incident in Kapkeringon village in Mosop constituency, Nathan Koech's residential home was reduced to ashes, as his elder brother Isaac Koech claimed to be effecting a court eviction order on the disputed land.

A group of youths allegedly descended on the 50 acres of land and torched 20 acres of sugarcane plantation, and animal feeds, among other properties.

Shocked, Nathan watched his investments go up in smoke as flames, saying he was not aware of any court order to remove him from the ancestral land, which they had been battling with his brother for six years.

" It is unfortunate that even after successfully seeking a stay order from the court to stop any eviction, my brother ignored and maliciously destroyed my properties," he lamented.

He narrated that when their father passed away in 1988, he left behind a Will of how his children would share the 181 acres parcel of land.

His attempt to call for security intervention was futile as the police officers at Kabiyet police station allegedly failed to respond.

According to Nathan, the only two sons (him and Isaac) were to share 100 acres equally. Each took 50 acres, and the rest 81 acres were to be divided equally among six daughters.

 Nandi county commissioner, Herman Shambi. He said an investigation had been launched to establish the merit of the court order. [Bruno Mutunga, Standard]

In 2016, Isaac went to Eldoret Land and Environment court seeking to claim Nathan's share, alleging that he was entitled to inherit 100 acres of their father's land.

And the eviction order was served on January 28, 2023, where the court gave Nathan a 30-day' notice to move out of the disputed land, which he claimed to have lived in for over 40 years since he was born.

"I got a stay order last week on March 1. The police and the plaintiff were served, but Isaac allegedly ignored the stay order and unlawfully entered my land and destroyed it," he stated, noting that he had an eviction order, but the police were not informed about it.

He also accused the police claiming "they failed to timely respond upon raising concerns when the properties were destroyed."

He estimated the investments, including a dairy farm, sugarcane plantations and farm tools and machinery he has made for years to be worth Sh5 million that had been destroyed.

Isaac claimed that the registered land No. Nandi/Eisero 425 was in question, and the court ruled as he is supposedly the owner.

"The Eldoret court ordered that Nathan should vacate the land, and the 30 days he was given elapsed. The action taken was within the law. The claimed stay order was neither here nor there," he stated.

The Nandi county commissioner, Herman Shambi, confirmed the unfortunate act meted on the family and said that an investigation had been launched to establish the merit of the court orders used to evacuate the family.

"I have summoned the family to record statements. We will resolve this matter," said Shambi.

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