In Kisii and Nyamira counties, a ticking time bomb looms over land buyers due to a troubling surge in succession forgeries and property disputes. These issues, which stem from inter-meddling and botched estate successions, have left many families entangled in bitter legal battles. The situation has become so dire that some have resorted to extreme measures to avoid exhumations, resorting to toxic practices that further complicate the resolution of these disputes.
The region has witnessed a disturbing trend where families, amid ongoing court cases, engage in midnight burials involving the use of sulphuric acid. This hazardous approach involves dousing corpses with the acid to ensure complete oxidation. The acid not only dissolves the flesh and bones but also corrodes metal parts of coffins and alters soil composition. When court orders for exhumation are issued, the graves are often left with no remains and toxic fumes, making the process of resolving property disputes even more challenging.
Areas such as Kitutu Chache and South Mugirango in Kisii County, along with the Mwongori, Kijauri, and Matutu regions of Nyamira County, are particularly affected. In Kitutu Chache, a part of Kisii town, several private developers are embroiled in court cases, some having already abandoned their claims after substantial financial losses. Notably, a former Member of Parliament lost Sh7.6 million to a cartel that sold him a commercial plot before proper succession was completed. Despite assurances from the Directorate of Criminal Investigations, recovery efforts have proven fruitless for many.
The fraudulent activities extend beyond improper succession practices to include the sale of developed properties as extensions of land sold, complete with fake titles. Charles Ayienda, the Kisii Land Registrar, highlights the pervasive nature of these issues. “Families are facing significant problems with land transfers from deceased estates. The law permits multiple administrators, but disputes arise when one administrator sells land portions without consulting the others. Such cases often linger in court.”
Ayienda reflects on the past, noting that succession processes used to be straightforward. However, since 2017, fraudulent activities have proliferated, with many administrators exploiting the system to sell family land without proper authorization. This corruption has not only led to financial losses but has also escalated into violent conflicts within families, with some cases involving assault and incitement.
The Kisii Land Registry office is overwhelmed, handling 10 to 15 cases of forged succession documents daily. The challenges include improper sub-divisions and illegal transactions. Some title deeds remain uncollected, further complicating the resolution of disputes. To address these issues, families are encouraged to appoint trustworthy administrators and ensure that all parties are included in succession matters. The office conducts thorough verifications and surveys to counteract fraudulent claims and protect genuine landowners.
In conclusion, the rise in succession forgeries and property disputes in Kisii and Nyamira counties poses a significant risk to land buyers. Extreme measures taken to avoid legal scrutiny and the prevalence of fraudulent activities have created a complex environment for resolving land ownership issues. It is crucial for buyers and families to exercise caution, engage in proper due diligence, and seek legal assistance to navigate these treacherous waters and safeguard their investments.
