Farmer rejects cows age test, takes ownership fight to court

Rongai Sub County Veterinary Officer Peter Ngugi checks on the dentition of one of the cows at the center of a dispute. [Kennedy Gachuhi/Standard]

A dispute over ownership of two cows stolen five years ago has now moved to court despite the Director of Public Prosecutions Noordin Haji’s order to have them handed over to a claimant.

Gloria Kandie has sued the Menengai Officer Commanding Police Station in Rongai alongside Ann Cherotich who claims the two pedigree cows were stolen from her home in August 2015.

The DPP gave the directive after “DNA tests” by a veterinary officer handed the animals to Cherotich.

Court case

Kandie, who is currently in possession of the animals, has filed a suit at the Nakuru Chief Magistrate’s Court claiming to be the rightful owner of the Friesian cows at the centre of the dispute.

Cherotich had reported the theft of her two cows at Ngata Police Post vide OB number 4/27/08/2015. She reportedly found the two animals which she believes are hers being grazed near Baraka Police Patrol Base on August 20, this year.

While responding to a police file forwarded to him, Haji directed the Menengai OCS to facilitate the repossession and handing over of the animals to Cherotich. According to the DPP, witness accounts indicate that the cows belong to Cherotich though the evidence presented did not disclose who stole the animals.

In a letter dated September 20, Menengai OCS Joseph Ruto wrote to Kandie to have the animals delivered to Baraka Police Patrol Base for the handing over.

Kandie has, however, moved to court seeking to bar Cherotich from taking possession of the animals pending the hearing and determination of the case.

While giving his directive, the DPP relied on Rongai Sub-County Veterinary Officer Peter Ngugi whose report conformed to information provided to the police by Cherotich who claims one of the cows was the mother of the other.

“Aging examination using teeth provided approximate age of the cows which tallied with Cherotich’s information, one at 12.5 years and another at 8 years. The teats and white ring conformed to Cherotich’s description,” the DPP wrote.

Cherotich had also presented four witnesses among them her mother Esther Chebet, Samuel Kalow who dehorned the animals in 2014, Bernard Sigei who treated and inseminated the cows between 2012 and 2014 and a neighbour Geoffrey Cheluget who offered her grazing grounds.

But Kandie claims that she had bought the two animals from different sellers – one from Paul Majanga on or about October 2019 for the sum of Sh100,000 and another from David Mogaka on or about August 1, 2019 for Sh115,000.

Kandie disputes a report by the county veterinary officers, noting that the physical examination done on the two cows did not accurately present the true representation of the cows.

She further claims that despite her calls and pleas for an expert examination to be done, Cherotich has been adamant and by direct influence to the police is hell-bent to infringe on her proprietary rights.

She reveals that should the court fail to intervene, she stands to suffer irreparable loss and harm as she relies on the cows for her livelihood.