Land tussle in inheritance feud takes toxic turn as maize crop sprayed

Rebecca Chepkoech, hailing from Nandi county, had meticulously planted her maize crop, anticipating a bountiful harvest for the current season.

Alongside her neighbors, she nurtured her crop, hoping for increased yields during the forthcoming harvest.

However, her expectations were shattered when she noticed an abnormal withering of her crops during a routine farm inspection. In stark contrast to the maize in adjacent farms, she observed a discolouration in her own.

Suspicions arose when Chepkoech realised her farm had been subjected to herbicide spraying, leading her to suspect her brothers' involvement in this atrocious act. The Standard on Saturday interviewed Chepkoech, who stood amidst her crop at Kapmoiywo village, accompanied by her sisters and mother.

The family gathering, mired in a land inheritance dispute spanning nearly three decades, appears to be intricately linked to the alleged crop spraying incident.

The ongoing land inheritance dispute has escalated into a state of chaos and vandalism at the hands of their own brothers, according to the claim made by the aggrieved parties. The long and arduous journey for justice began in 1993 when the extended family embarked on seeking court resolution for their land succession issues.

No will

Recounting the details, Chepkoech said their father, Samuel Keny, passed away in 1993 without leaving a will for the division of his extensive 97-acre property among his 34 children and five wives.

Following his demise, a dispute arose among step-brothers and step-sisters. Allegedly, the step-brothers vehemently opposed the idea of distributing the land to their female siblings, especially those who had already entered into marriages.

Chepkoech, along with her sisters Agnata Cheptanui, Edah Cherotich, and their mother Jane Chepkorir Keny, claimed discrimination and approached the court seeking equal inheritance rights to a significant portion of Mr. Keny's land situated in Kamoiywo, Saniak, and Salient, specifically registered as Plot No. 478, 888, 483, and 11.

Finally, on March 31 of this year, the Eldoret High Court delivered a ruling, ordering the subdivision of the late Keny's estate among the widows, including Mary Jeserem Keny, Sarah Chemeli Keny, Marsela Jesaina Keny, Jane Jepkorir Keny, and Emily Jepkoech Keny.

Comprising widows, daughters

The court ordered that the land was to be equally divided among 39 beneficiaries comprising the late's widows, daughters and sons.

"We never expected our brothers to turn against us. We deserve a share of our father's property which the court granted us but the execution of the court ruling has faced opposition from a section of our 13 brothers," Chepkoech said.

Edah Cherotich said their brothers had locked them out of land succession on the grounds that they were married and they had no right to benefit from a share of their father's estate.

She cited cultural norms that prohibit female children from taking over their parents' inheritance as part of the reason they were being denied the right to inherit property.

"Wills have not been popular among our parents and our father did not leave behind a written document showing how he wished his land to be subdivided among his children. Our step brothers have ganged up to kick us out of the land we were allocated and we cannot put up any development projects," she said.

The 2010 constitution gives equal rights under the Law of Succession Act to parties claiming family inheritance.

Jane Keny, who is the third widow of the late Keny said that the court gave a fair hearing of their petition and granted each of them with 2.5 acres of land regardless of their gender.

Sidelined

"As widows, we were also considered but as the issues arose, they sidelined other children accusing them of having been born out of wedlock. It is annoying to hear such accusations from our children and it is unethical. Our husband loved all his children," said Jane.

She said the court rejected the appeal made by the descending members of the family, which was preceded by land demarcation.

Last week, family members against the subdivision descended on a section of the land allocated to Chepkoech and Agnata and sprayed crops with herbicides and vandalised fences.

The incident was reported to the police but no legal action has been taken against the suspects.

Chesumei OCPD John Nzioka said investigations are ongoing into the incident and that suspects behind the criminal act will be arrested.

"We urged the affected members of the family to present the names of the suspects. No one will get away with crime," he said.

But Nelson Keter, one of the Keny's sons did not produce a stay order but he said they got an injunction from the court until all members of the family agreed on how to get their father's land.

"We cannot allow any activities on the disputed land. Some of our step-sisters have an interest in inheriting the land and there are those who don't deserve it. They want to come back to their matrimonial home and create chaos demanding a share of our father's land," he said.