This archive report was first published on 28 June 2020.
For 95-year-old widow Kasi Girigorio Baranya, the death of her husband in 2002 without a will has led to a long-running court battle over their family property.
The couple's 25-acre land, valued at between Sh1.5 and Sh2 million per acre, has been at the center of the dispute, with one of their sons, Njagi Baranya, selling plots without the consent of his mother and siblings.
According to court documents, Njagi obtained a grant to subdivide the land in 2011, claiming that their father had left behind a will. However, the court later ruled that the grant was obtained fraudulently, as Njagi had not notified his mother and siblings of his intention to seek the grant.
Justice J.A. Makau annulled the grant in 2013, stating that Njagi had made a false statement by concealment from the court, and that the parcels of land should be reverted to the name of the deceased.
Seven years after the ruling, the occupants of the parcels have yet to vacate the widow's property, and the case has been affected by the Covid-19 pandemic, which has slowed down normal court proceedings.
Despite the challenges, the widow has filed a fresh succession cause at the Chuka Law Courts seeking to have all of her late husband's land divided equally among their children.
