Courts

Parents can sell land without consulting their children, court rules

Published

2 months ago

March 30, 2023

A court in Kisii issued a precedent-setting decision allowing parents the ability to sell their property without consulting their kids.

The decision was made last night by Judge Munyao Sila of the Lands court, who noted that the parties involved are likely to react strongly to it.

Jacques Orangi Ayienda and Donald Bosire Ayienda, two of the case’s offspring, claimed that their father, John Ayienda Orangi, had sold their “ancestral land” to two buyers, Edward Makori Oganga and Stephen Amwolma Magogo.

While the two children affirmed that their father was indeed the registered proprietor of the land, they argued that he only held the title deed in their trust as the property was ancestral and could not sell it.

However, Justice Munyao in his judgment noted that the property is not ancestral land held in trust for the family and therefore the father was free to deal with it whichever way he wished.

“The court is persuaded that the first defendant (father), freely owned the land and was entitled to deal with it as he pleased,” said Justice Munyao.

The argument that children have the right to require their parents to consult them when making decisions about their land is not supported by law, he continued.

The judge ruled that it is time for kids to cease thinking that what belongs to their parents is also their property in the judgment, which is expected to create a precedent in numerous land conflicts between parents and their kids.

“In fact, it is despicable, if not outrageous, for a child to assert that his father or mother, must subdivide his land in a particular way, and proceed to sue his parent because he/she does not wish to deal with the land in the way proposed by the child,” said justice Munyao.

“It was his land and he could do whatever he wanted with it… the 2nd and 3rd Defendants (his children) had no right to compel the 1st defendant (their father) to subdivide his land in a certain way. Neither can they purport to attempt to reverse a sale that was freely entered into by their late father. The property was never held in their trust” he went on.

He added, “I regret to tell the defendants that they have to live with the fact that their father decided to sell the land. He was the owner of the land and nothing barred him from selling it.”

“The conduct of the 2nd and 3rd defendant (children) was, and remains, shameful. It is abominable. They relentlessly hounded their father; they demanded that he distributes the land in the form that they themselves wanted; even when their father gave them some land, they complained that it was too little; they sued their father before the chief, the clan, and before the tribunal; they failed to give their father peace.”

The judge noted that all these happened despite the fact that it was their father who took them to school and educated them up to university level and made them to be what they are today.

“They are thankless… They have forgotten that their father took care of them when they were wobbly and helpless tots and raised them to be responsible adults. They have to live with the fact that they led their father to sell the land so that he can have peace. They cannot be heard to complain,” the judge concluded.

Courts

City pastor accused of defrauding Kenyans in the USA of Sh6.8 million

Published

4 days ago

May 30, 2023

KSN Reporter

By Wanja Waweru

A city preacher has been accused with stealing Sh6.8 million from two sisters and their friend who lives in the USA while he pretended to be in a position to buy them land in Nairobi.

Catherine Wairimu Ng’ang’a of the Githurai-based Arise and Healing and Deliverance Church was charged At the Milimani courts.

When she was prosecuted in front of senior main magistrate Zainab Abdul, she contested four counts of receiving money under false pretenses.

The lady pastor, 53, was charged with cheating Noel Njeri Ngure, Lilian Muthoni Ngure, and Anne Nyambura Njogu between February and September 2021 of a huge sum.

The magistrate was informed that Pastor Wairimu collected Sh4 million from Noel under the pretense that she could sell her a land of land number Mowlem/Nairobi Block 169/285, a fact she knew to be false.

The preacher was suspected of receiving the Sh4m on several times between February 1 and August 12 2021 when he was detained by authorities on May 28, 2023.

The preacher was accused of accepting Sh1,735,000 from Lilian Muthoni Ngure between March 12 and August 12, 2021, despite knowing that she was lying when she said she could sell her a piece of land with the address Mowlem/Nairobi Block 169/287.

According to the third count, she received a second trump of Sh900,000 from Lilian Muthoni Ngure on August 31 and September 24, 2021, pretending to sell to her three stalls at New Wakulima Kangundo Road Market.

The magistrate learned that the pastor was lying and that she was not in a position to do so.

The preacher was accused of defrauding Ann Nyambura Njogu of Sh253,200 in the fourth allegation against her. She had claimed to be in a position to sell Njogu a piece of land in Mowlem/Nairobi Block 169/286.

Pastor Wairimu requested release on bail, pledging to follow the judge’s orders.

Her release on bond was not opposed by the prosecution.

She was then freed by Ms. Abdul on a Sh500,000 cash bail with one contact person.

On June 12, 2023, her case will be brought up for pre-trial instructions.

Pastor Wairimu will then meet with her accusers at the hearing date that Ms. Abdul will establish.

Courts

Boda boda rider convicted of forging KDF staff card escapes jail term

Published

6 days ago

May 28, 2023

KSN Reporter

By Wanja Waweru

A boda boda driver who was caught carrying a bogus military identification card that claimed to be from the Kenya Defence Forces (KDF) has been granted a reprieve after the court released him.

Gabriel Owino, who pleaded guilty to charges of creating a document without authorization in violation of section 357(a) of the penal code, had on Friday begged with Principal Magistrate Hellen Okwani at the Makadara Law Courts not to sentence him to incarceration.

Mr. Owino had acknowledged that, on an unspecified date in February of this year, he had made a KDF certificate of appointment along River Road in Nairobi’s CBD.

Additionally, he admitted guilt to a charge of having contraband government supplies to section 324 (2) of the penal code.

The crime of possessing government shops includes having items like uniforms and handcuffs that are only used by members of disciplined services.

Mr. Owino was discovered in possession of a military ID card that belonged to a KDF officer, a Kenya Airforce uniform, and a truck suit jacket bearing the name Defense Forces Technical College (DFTC), all of which were thought to have been taken illegally or fraudulently from the KDF.

Following combined investigations by the police, military intelligence, and military police, he was apprehended on May 20, 2023 in Tassia Estate in Embakasi, Nairobi, and was discovered in possession of the military staff card of a KDF officer.

The following day, Mr. Owino took the police to a location in Ngong, Kajiado County where they found the phony ID card with his name and photo on it, together with a Kenya Airforce uniform and a truck suit that belonged to DFTC. However, Mr. Owino was unable to explain how he came into possession of these materials.

When the passport photo of him that was used to create the fake card was taken, Mr. Owino claimed to the court that he was wearing uniforms belonged to his friend who works for the Kenya Airforce.

The graphic designer in River Road created the phony KDF staff card for him, showing he is a member of the KDF, despite his earlier assurances to the army friend that the photograph would never be made public a serving with Kenya Airforce holding the rank of a senior private.

On the real KDF officer’s card that he was discovered to have, Mr. Owino informed Ms. Okwani that a Kenya Airforce officer had sent him to his residence in the Tassia estate to obtain a military ID card and an ATM card. He was supposed to use these cards to attempt a cash withdrawal at a nearby bank agent, but failed when the agent’s operator disallowed him from doing so.

Before losing the card that had his photo on it and learning that military police were hunting for him, he claimed to have kept the officer’s cards.

Some of the things were later taken by Mr. Owino to his friend’s home in Ngong, where they were found.

He admitted to Ms. Okwani that he has been riding in the CBD illegally for a number of months despite having a phony ID that he has been presenting to law enforcement officials from Nairobi County.

The defendant pleaded with the judge to pardon him, saying that his wife and child are dependent exclusively on him. His wife and the child were present in court.

Since being charged and entering a guilty plea on May 22, 2023, Mr. Owino had been held on remand.

In accordance with Section 35 (1) of the Penal Code, Ms. Okwani released him and imposed a five-year prohibition on his future criminal activity.

Courts

‘Reconcile with your spouse, July is coming,’ magistrate tells man who broke wife’s bed

Published

6 days ago

May 28, 2023

KSN Reporter

Following their breakup, a man is accused of allegedly smashing his ex-girlfriend’s Sh6,000 bed at her home in Nairobi’s Githurai estate into pieces.

This is in violation of section 339 (1) of the penal code, which prohibits malicious damage to property.

On May 24, 2023, Daniel Omwaka was accused of intentionally destroying Casty Mukami’s wooden bed in the Makadara Law courts.

On that day, Mr. Omwaka, who had left the residence a few days prior, allegedly returned while Ms. Mukami was there with family. He allegedly grabbed a knife and threatened to stab her.

After dropping the knife, the accused man allegedly destroyed the bed with a hammer before fleeing the scene. The incident was reported to the police by Ms. Mukami. The next day, after he was arrested, the defendant went back home.

In front of Principal Magistrate Hellen Okwani, he refuted the accusations and claimed that the complainant was his wife.

The culprit was freed by Ms. Okwani after posting a Sh5,000 cash bail and was instructed to make amends with his wife by informing her that “July is coming.”

Before the hearing begins on November 15, 2023, the case will be discussed on August 21, 2023.

Three witnesses, including Ms. Mukami, a member of her family, and a police officer who looked into the situation, have been named by the prosecution to testify in the case.