The Bondo law court has embarked on sensitisation of members of the public on succession matters to address challenges of inheritance of deceased estates in the region.
Speaking during the Judiciary open day on succession, Bondo Court Chief Magistrate Dr. Douglas Ogoti revealed that one third of cases heard in Bondo law courts were succession matters.
Dr. Ogoti revealed that in the last one week, the court has handled 125 matters involving land succession.
He stated that the influx of succession matters in the courts has been occasioned by the recent conclusion of the adjudication process in the region by the Lands Department.
The Magistrate disclosed that an application for land adjudication was done several years ago and most applicants whose names appeared on the recently released title deeds are now deceased.
“Our being here today has been triggered by the fact that adjudication is now complete in many areas but the title deeds are coming out with the names of applicants who have passed on because the process was initiated long ago,” said Ogoti.
The Chief Magistrate observed that most people who come for assistance in court are ignorant of the succession process and do not know their rights on inheritance of the property of the deceased persons.
He stated that as a court, they intended to enlighten the general public on how to draw a will and how property should be transferred to the defendants in the event of death.
Dr. Ogoti added that they would also enlighten the general public on the entire process from filing for succession until they get a grant.
He cautioned the public to be wary of unscrupulous individuals who take advantage of the ignorance of villagers to defraud them of their property in the name of helping them on succession matters and advised the public to strictly seek court services on succession.
“These fraudulent people demand over Sh30,000 to undertake succession, creating an impression on the members of the public that succession is an expensive affair yet it is very affordable if one comes to court for assistance,” Ogoti stated.
The Chief Magistrate revealed that due to a lack of knowledge on succession, there is a rise in other criminal cases such as murder, where family members who felt cheated out of their inheritance resorted to eliminating the beneficiary or the unsuspecting buyer is murdered by the aggrieved party.
He said that the court is working hand in hand with the provincial administration, like the chiefs, to determine rightful beneficiaries of deceased estates and also identify “red flags” on succession matters.
“When an individual applies for succession of property yet there are other relatives and siblings, we know that is a red flag so we have to work with the chiefs to avoid giving grants to an individual who then disposes of the property only to be realised later that the grant was fraudulent,” Dr. Ogoti said.
Bondo DCIO Reuben Onchoka, who attended the event, confirmed that his department is investigating a number of fraudulent land transfers involving succession and is working closely with the court to stem the vice.
Lilian Ocharo, a member of the Bondo Court User Committee, appealed to the government to waive the succession fee for orphaned families.
She said that those who bore the greatest brunt of succession matters were orphan households and polygamous families where the richer member uses the unscrupulous individuals in the Lands Department to grant them the deceased’s property at the expense of poorer members.
Bondo Sub County Administrator Mr. Vincent Kanyangonda warned the fraudulent individuals operating at the Lands office as experts in succession matters to desist from the criminal activities, adding that the DCIO is already under instructions to deal with the criminals.
He, on the other hand, advised families who wanted to share property of the deceased to come together and agree for the benefit of every one of them for purposes of solving property issues amicably before heading to court for gazettement.
By Brian Ondeng
