Nick Omari, the head of litigation at Muthoga & Omari Advocates is pleased to announce that in a landmark Ruling by Hon. Justice J. Okongo on 27th January, 2022 the High Court ordered the Land Registrar of Kiambu to exercise land from the beneficiaries of 2 brothers who had disinherited their other younger brother whilst he was detained by the Colonial Government in the 1950s, and issue documents of Title to the beneficiaries of the detained disinherited brother.
This matter was filed in the year 1994 and suffered long days in the justice system including the subsequent death of the initial Claimant and Respondents, and a chain of change of advocates by the parties, until our firm took over conduct of the matter in the year 2018.
This case is one of the few cases that have remedied the unintended consequences of the first registration of land process under the Registered Land Act (Repealed) in which land that was customary held for the benefit of the family has been registered in favour of some family members to the exclusion of others.
In this case, the two brothers benefited from the government’s land adjudication process and had customary family land registered in their favour to the exclusion of their brother whom they probably assumed would die in detention.
Despite Judgment being issued in favour of the Claimant’s beneficiaries way back in 2019, the beneficiaries of the 2 brothers refused to comply with the Court’s Judgment to exercise and transfer a portion of their land to the disenfranchised family.
It has taken another 2 years of our interventions, for the Court to order direct enforcement by the Lands Registrar and the Police to ensure that justice is done.
A copy of the main Judgment can be accessed here.
31|01|2022
I am pleased and heavily impressed. Social justice and justice has been served. No matter how long justice takes, when it is served it is always sweet and fresh. Congratulations to you firm.