Solve estate disputes out of court, magistrate urges

Parents have been advised to write wills to prevent fights over property when they die. 

Limuru senior principal magistrate Evelyne Olwade on Tuesday said many families do not enjoy the property they inherit from their parents because they disagree and take their battles to court.

She said some issues they disagree on can be solved at home or at the assistant chiefs or chiefs' offices.

"The cases take too long to be resolved and at times some of them end up bankrupt," Olwade said.

"They spend a lot of money on lawyers, lands offices and at the end, when the cases are finalised, they file appeals. Some take loans. This is sad."

The magistrate spoke during a meeting organised by the Limuru Court Users Committee in Kimende town, Lari constituency.

Olwade was accompanied by Lari subcounty police boss Ellen Wanjiku, Limuru DCI David Makonge, community policing chairman Peter Kiugu, traders chairman Paul Ngugi, church leaders and chief and assistant chiefs.

The magistrate also urged local administrators to advise families to resolve their inheritance differences amicably without involving the judicial system.

She said many civil cases filed from Lari constituency involve land succession.

Pastor George Kimani, a member of the CUC, said they decided to visit residents to educate them on court procedures and why suspects get bail.

Kimani said the court in Limuru town serves two constituencies – Limuru and Lari. He said they plan to visit all trading centres and educate people on court procedures.

"In criminal cases, many people believe that when they report a case to the police and a suspect is arrested and taken to court, the suspect will be jailed without their input," he says.

"They do not know why they are told to record statements. When they fail to appear in court to testify, the suspects are released, and they start complaining that something wrong had happened."

Edited by A. Ndung'u