Sixty-six acres of land forming the estate of late politician Kibowen Komen cannot be accounted for.
The land was supposed to be excised from a 600 acre of land in Njoro Sub County, Nakuru County and sold to pay off debts. Justice Samwel Mohochi had on July 18, 2024 ordered a third survey on the vast land, for the 66 acres to be located, excised and sold.
However, the four administrators Peter Kipruto, Abdulghani Mohamed, Abdulkadir Mohammed and Evan Kiptui, differed on the alleged location of the parcel.
On Tuesday, lawyers for the administrators told the court that two contrasting surveys had been filed giving different locations where the land should be excised. “We have filed an alternative survey report on where the parcel is supposed to be excised before the court and it has been supplied to all lawyers on record,” said Waiganjo Mwangi, Kiptui’s lawyer.
Lawyer Karanja Mbugua representing Kipruto and Abdulghani said they had previously filed a survey as agreed by Abdulkadir. At the same time, lawyers representing some beneficiaries informed the court that the 66 acres were missing.
They said the parcel has either been sold, occupied or constructed upon by some beneficiaries. Mbugua, in response to the missing parcel claims, claimed some lawyers in the case have benefitted from the vast land, making it difficult to locate and excise the parcel.
He said they were yet to distribute the entire estate because of frustrations from beneficiaries and some lawyers. “Some administrators were ready to sell the 66 acres which were previously surveyed, only to be frustrated and chased from the parcel,” said Mbugua.
He added that part of the alleged 66-acres is ‘missing’ because some lawyers are on the ground and are beneficiaries of the estate.
The lawyers, he said, now want the land to be excised away from where it was previously planned because it will eat into the alleged land they now possess.
He added that the lawyers now are pushing the administrators to unlawfully eat into Grace Komen’s land in order to get the 66 acres. Grace is Kibowen’s daughter in law.
“Some lawyers have had a bite of the 66 acres and that is why the administrators have not agreed on how to proceed and excise the parcel,” said Mbugua.
Mohochi warned that the case had been delayed in court and it was upon the court to ensure justice is served and the interests of the deceased are addressed.
He said he will rule on December 10.
