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The High Court in Eldoret has dismissed an application by a housing company to control part of the late farmer Malakwen arap Sisiwa’s multi-billion-shilling estate.
Justice Reuben Nyakundi dismissed the application by the Rural Housing Estate associated with Shrikesh Gheewala that sought the revocation of certificate of confirmation grant issued to the deceased’s four children.
Justice Nyakundi said the company was at liberty to engage with the appointed trustees of the estate on their interests.
“Given the above background, I order that the application dated July 26, 2024 is hereby dismissed. The interests of the applicant are sufficiently protected by the trust provision in the amended certificate of confirmed grant that is dated April 28, 2023,” said the judge.
The court further expressed concern over delay in resolving succession matters, arguing that this affected dependents.
“One cannot help but wonder if there will be a time in Kenya’s legal system when succession matters will be resolved within the statutory timelines, fairly, efficiently and properly to the certified time set by the legislature,” said Justice Nyakundi.
The 20-acre parcels of land, estimated to be worth Sh600 million, have been at the centre of court battles for over 26 years.
The disputed property is part of the deceased’s 1,000 piece of land worth Sh2 billion that is located in Huruma Estate in Eldoret.
The housing company had protested against the decision by administrators to include the contested four prime parcels of land on the list of properties to be distributed among the beneficiaries.
According to the applicant, they bought the land from the deceased and that they have been in possession and occupation of the property for the last 40 years.
“The beneficiaries of the deceased’s estate who have been apportioned the land parcels are about to evict us from the property despite being the legal owners of the land,” said Gheewala in his application.
He implored the court to cancel the amended certificate of confirmed grant.
Gheewala also wanted the court to determine that the four parcels of land do not comprise the late Malakwen’s estate.
In their rejoinder, the administrators led by Hassan Kipkorir Siswa faulted Gheewala for filing the case in court 26 years after they had filed for the succession and settled the matter amicably.
He argued that the four parcels of land quoted by the applicant have been a subject of fraudulent transactions that were flagged by the Directorate of Criminal Investigations.
Sisiwa said in June 2, 2000, the Commissioner of Lands directed the Uasin Gishu Lands Registrar to restrict all transactions relating to the pieces of land.
The directive came after it was established that the Malakwen did not sign for the transfer of the properties to the housing estate.
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