The High Court in Nakuru has mandated a third survey of a 666-acre tract of land in Njoro Sub-County that belongs to the estate of the late Rongai Member of Parliament, Kibowen Komen. This decision comes amidst ongoing disputes and complications regarding the land’s ownership and disposition.
Background and Court Ruling
On Thursday, Justice Samwel Mohochi convened to address the contentious issue surrounding the land. The case has been marked by disputes between Kibowen’s daughter-in-law, Grace Samson, and several administrators: Peter Kipruto, Abdulghani Mohamed, Abdulkadir Mohammed, and Evan Kiptui.
The land in question has been the subject of a prolonged legal battle, especially concerning a February 2024 court order which directed that 66 acres be excised from the total 666 acres and sold to satisfy outstanding debts. This directive followed prior surveys conducted on February 14, 2020, and July 20, 2020, which identified the specific area to be sold.
Despite the clear court orders, there have been claims of non-compliance. Documents reveal that Agrisup Limited is seeking Sh1,295,000 from Kibowen’s estate, while another creditor, Anne Naanyu, is claiming over Sh23 million as a refund related to the sale of a separate 185-acre parcel of land.
Legal and Administrative Challenges
Justice Mohochi’s recent decision emphasizes that any sale or transfer of the land that occurred after Kibowen’s death on February 15, 1997, is deemed illegal. The court’s intervention is crucial in ensuring that the estate is managed according to legal stipulations, particularly in addressing the outstanding debts and resolving disputes among the involved parties.
The new survey is expected to provide clarity on the land’s current state, resolve any discrepancies in its administration, and facilitate the implementation of the court’s orders. This step underscores the complexity of estate management, especially when dealing with substantial properties and multiple stakeholders.
Implications and Next Steps
The ruling highlights the ongoing challenges in estate management and debt recovery in Kenya. As the third survey unfolds, it will be instrumental in determining the rightful distribution of the land and ensuring that the creditors are paid accordingly.
The court’s actions reflect a concerted effort to resolve the estate’s disputes and uphold legal directives, offering a path forward for all parties involved. The outcome of this third survey will likely set a precedent for handling similar cases in the future, ensuring that estate management adheres to judicial orders and legal norms.
