The agony of a family in Borabu, Nyamira County, whose mother’s remains have been in a mortuary for five years due to a land dispute, may soon be over.
This comes after the High Court ordered the nullification of a title deed for the contested piece of land, claiming that ownership was obtained fraudulently.
Directorate of Criminal Investigations officers were instructed by Justice Mugo Kamau to begin an investigation into the individuals responsible for the appropriation and fraudulent transfer of the 100 acres of farmland registered as Isoge Settlement Scheme/Kineni/ Block/1/67.
According to him, the deceased Benson Nyasimi Momanyi, the purported owner, left no traceable paperwork explaining how he came to own the land.
Yunia Bochere’s body has been in the mortuary for five years, awaiting the hearing and resolution of the land dispute.
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Justice Mugo also advised the late Momanyi Oseko’s family to file a succession petition in the High Court to have the property distributed to his rightful successors.
Oseko’s youngest son, Robert Oseko, welcomed the decision and promised to begin burial arrangements for his mother.
The case arose when Oseko’s family members, led by Robert and Momanyi Oseko, sued the estate of Benson Nyasimi Momanyi, the Nyamira Land Registrar, the Attorney-General, and the Kineni Farmers Cooperative Society.
Robert, the youngest brother of the first defendant, claimed that their elder brother conspired with others to seize the family land.
He explained to the court that the family land had been fraudulently taken away. They wrote to the land registrar requesting documentation for the property, but the lands office refused to grant them access to the records.
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In his application, Robert requested that the court, among other things, find that the defendants fraudulently registered the land in Benjamin’s name and cancel the alleged registration.
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