By Arnold Ageta
Nyamira Tuesday, January 23: The Nyamira Environment and Land Court (ELC) has cancelled the title deed held by Nyasimi Momanyi following a four-year land dispute of 100 acres in Kineni settlement scheme.
Delivering the ruling on January 23, 2024, ELC Judge, Mugo Kamau said that all parties have agreed on the ruling.
“Both estates remain un administered. In the premises, this court orders the cancellation of the title for Isoge Settlement Scheme/Kineni Block 1/67 and now the land be registered under the name Momanyi Oseko pending the succession of the estate of the said Momanyi Oseko,’’ he ruled.
Speaking to the press after the ruling in Nyamira, Josephat Oseko Momanyi has said that the family has finally received justice as the case now moves to the Succession Court to decide on succession the parcel of land.
Mr. Josephat Oseko said the issue has been in court for long and has prevented them from utilizing the land for any activity.
‘‘The issue has negatively affected us because of the caution that was put on the land. This has forced us not to burry our mother whose remains are still laying at Umash mortuary,’’ he said with an emotional face.
He further clarified that the caution even included their ancestral land in Nyainogu where they originally ailed from.
‘‘We would like to know the intent of changing ownership of our land changed without our knowledge subjecting to horrible experiences we have undergone,’’ he painfully told the media.
He, however, said he will consult his legal team if the family can now start burial arrangements for their late mother.
The land in question, was originally owned by the late Oseko Momanyi, has become a source of contention. Oseko Momanyi was a member of Kineni Farmers Cooperative Society which owned 5000 acres of land and each member was supposed to receive 100 acres.
Kineni Farmers Cooperative Society lawyer confirmed that the legal owner of the 100 acres land in dispute was the late Oseko Momanyi.
‘‘Kineni Farmers Cooperative Society had already released the land to the late Oseko Momanyi and not Benson Momanyi Nyasimi as the title reads,’’ Wilberfoce Mariaria Lawyer told the court.
The late Oseko Momanyi’s children have for long now been involved in this court tussle to reclaim what they believe was wrongfully taken from their late father in the 1950s.
Paul Macharia Muchiri, the Nairobi based lawyer and family lawyer, said they have spent more than two years in court over this land issue to seek justice of Josephat Oseko.
“When the society land was being shared among the contributing members of the society, that late Oseko Momanyi’s share was fraudulently given to a person who was not a member to the society and did not contribute towards the shares of the society,” said the lawyer.
He however thanked the court for the ruling saying Josephat Oseko’s Momanyi’s will now have peace after cancelling the name of the title deed holder (Benson Momanyi Nyasimi).
“Now the court has ordered us to proceed to the Succession Court. That is where we are heading to fight for the justice of my client to get the rightful share of their father contributions,” he said.
