•Widow Kanini Koilel says she had to flee her matrimonial home for fear her arrested and released in-laws will make good on their threats to her and her daughter.
•Narok East subcounty police commander Asher Muthamia said they were awaiting a report from the DPP before prosecuting the suspects.
Image: GEORGE OWITI
A -40-year old widow is living in fear following alleged death threats by her brothers-in-law demanding land in Narok county.
Kanini Koilel was forced to move out of her matrimonial home at Keekonyokie village in Narok East on Sunday claiming her life was in danger. She fled with her 15-year-old daughter.
Kanini said she was forced to flee due to elusive justice after two brothers-in-law were released from police custody. They were arrested following her complaints about death threats.
They were never arraigned.
“I don’t know anything else to do," Koilel told the Star.
"I have sought justice from everywhere but now my in-laws who endlessly threatened to kill me were arrested but released and never taken to court.
"The two are back with their threats which I can’t ignore,” Koilel said.
The brothers deny wrongdoing but said she should not manage the land, saying she is a woman, a non-Maasai and has no son. They said she irregularly subdivided it with her daughter.
Jackson Koilel and Kindet Koilel were both released from N. Enkare police station after they were said to pay cash bail on February 20. They were arrested on February 19 and locked up by OCS Elias Okumu for allegedly issuing threats.
Narok East subcounty police commander Asher Muthamia said they were waiting for a report from the Directorate of Public Prosecution for the suspects’ prosecution.
Image: GEORGE OWITI
“I am aware of the widow’s plight. The two were arrested, detained and discharged from police custody. We are waiting for the DPP’s report on whether to proceed with the case,” Muthamia told the Star by phone on Tuesday.
The widow’s lawyer Schola Mogere protested against the police action, stating it was wrong for them to release the suspects without being arraigned for the alleged death threats.
“Kanini has attempted to cultivate her land inherited from her husband after she obtained all necessary documents from the court. But there are some in-laws who believe that she isn’t entitled to use the land, that should manage it on her behalf,” Mogere said.
She added, “Kanini has suffered a lot, the relatives have been jumping all over. They have been threatening to harm her. She can’t even get workers to work on her land. They were arrested but just released from lawful custody.”
Image: GEORGE OWITI
Mogere said the in-laws have made the widow’s life impossible. They believe they should be managing the since she was a woman, a non-Maasai and a mother of only one daughter."
The brothers were arrested after the widow filed a complaint under OB NO: 12/09/02/2021. Earlier she had also filed a complaint at the same police station, OB NO: 07/08/11/19 but no action was taken.
“I have moved out though I don’t have money to pay house rent. I am fleeing my brothers-in law since they might make real their threats to kill me and my daughter," she said
Koilel said she and her daughter were traumatised.
“I had paid the owner of a tractor Sh10,000 to cultivate my land following the court directive, but my brothers-in-laws bar him from doing his job. I reported the matter to the police leading to their arrest but now they are back. The tractor driver fled for fear of being attacked.”
Image: GEORGE OWITI
Jackson told the Star they were aggrieved by the manner the widow acquired ownership of the entire parcel together with her daughter through a subdivision. He denied death threats and attacks on Kanini and her daughter.
“I am a brother to Kanini’s late husband, hence, her brother-in-law. She is lying on the attacks and threats to her life and that of the daughter,” Jackson said by phone.
He said they had barred the woman from tilling the land since she had "left out" one of her husband’s sons in the succession.
Kanini denied having a son, she said the purported son was her last born brother in-law aged 18, married with two children. She said he had a home, his own land and an inheritance, just like his brothers.
The land is titled CIS MARA/NAILOKLOK/73 covering 55 acres (22.65ha), according to ownership documents seen by the Star. The title deed says the land belongs to the widow, Kanini Koilel, and her daughter Faith Koilel.
The land initially jointly belonged to both Koilel and her husband, Karsai Koilel, before Koilel and her daughter Nashipae changed ownership through a subdivision.
The widow said she had been living peacefully and tilling the land since her husband died in a road accident in 2015. But in 2018, she said, some of her brothers-in law led by Jackson started attacking her on the land, claiming she had irregularly changed ownership.
Chief Loposo Kondonyo said the land belongs to the widow.
“The court ruled in the widow’s favour. Those fellows wanted to take over the land. It is inhumane for them to disturb the woman, the land legally belongs to her,” Kondonyo said on the phone.
The case ELC NO. 129 of 2019 between Kanini Ene Karsai Koilel (plaintiff) versus Jackson Koilel (defendant) was heard and determined in the chief magistrate’s court in Narok before G.N. Wakahiu on January 20, 2020.
“Upon reading the application dated 18th January 2020 filed under a certificate of urgency ... It is hereby ordered …a temporary order of injunction be and is hereby issued restraining the defendant, his servants or agents from entering, trespassing or interfering with the plaintiff’s quiet possession of land parcel No Cis – Mara/Nailokilok/73…..” the ruling reads.
It cited Order 51 Rule 1, Order 40 Rule 1,2, and 4 of the Civil Procedure Rules 2020, and Sections 1A, 3, 3A and 63€ of the Civil Procedure Act.
Kondonyo said, however, he didn't know who the court tasked to execute the order of ensuring the widow utilised her land as she wished without interference.
The widow's fifth brother in-law Kotoine Koelel condemned his brothers for fighting the widow over the land that rightfully belongs to her.
“Their intention was to chase the woman so they can grab the land. I know it is the land they want. They have been chasing any hands hired by her to do any job in her home.
"I can’t stay at my home while they are being oppressed by my brothers. I have been supporting the widow and her daughter,” Kotoine said.
Kotoine said their late father subdivided land to all of their eight siblings, all who have homes built on their parcels. All are married with children.
The widow is appealing for justice so she can live in peace and cultivate her land without threats.
(Edited by V. Graham)