Bondo: The Bondo law court has embarked on sensitising 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.
According to Kenya News Agency, 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.
Dr. Ogoti emphasized that the completion of adjudication has led to title deeds being issued under the names of applicants who have since passed away, due to the process being initiated long ago. The Chief Magistrate observed that many individuals seeking assistance in court lack awareness of the succession process and their rights regarding inheritance of the deceased's property.
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 educate the public on the entire process, from filing for succession until obtaining a grant.
Dr. Ogoti cautioned the public to be wary of unscrupulous individuals who exploit the ignorance of villagers to defraud them of their property under the guise of assisting with succession matters. He advised the public to strictly seek court services for succession issues. '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.
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 highlighted that those who bear the greatest brunt of succession matters are orphan households and polygamous families, where the richer member exploits unscrupulous individuals in the Lands Department to acquire the deceased's property at the expense of poorer members. Bondo Sub County Administrator Mr. Vincent Kanyangonda warned fraudulent individuals operating at the Lands office as experts in succession matters to desist from their criminal activities, adding that the DCIO is already under instructions to address the issue.
He advised families wishing to share the property of the deceased to come together and agree for everyone's benefit to resolve property issues amicably before heading to court for gazettement.