A woman in Machakos abandoned five of her children in courts in protest of a decision in a land matter.
Esther Muendi had allegedly obtained orders in the Machakos court in a land dispute against Mutei Kioko. Kioko however moved to a court in Nairobi and obtained stay orders against Muendi. The High court said that no action until the appeal filed by Mutei is heard and determined.
Drama ensued when Muendi was given the stay orders from the Nairobi court. She protested the orders demanding for a ruling to have Mutei removed from her 37 cares of land.
The Machakos court had ruled that the 85 year old was the rightful owner of the land.
“This case began when I was a young lady. Now I’m using a walking stick . Why the unfairness or is it because I’m a widow?” the granny asked.
She said that the delay in eviction was a ploy to ensure she dies before settling on the land. She also claimed that one of her sons had been buried on the land
The old lady said that since the court had refused to give them the land that they said rightfully belonged to them she would leave the court the responsibility of taking care of her five grandchildren. She then stormed out of the court room cursing.
“Since you have failed to allow us to go back to the land that you ruled belonged to us, I then leave the responsibility of taking care of the children to you,” Muendi said.
Kioko had claimed adverse possession as the reason which made him stay on the land. This doctrine of law states that if a person occupies land that he does not own, rent or otherwise have permission to use, for more than 12 years without any objection from the rightful owner, he can claim ownership.
Court documents showed that the granny and her late husband were given a confirmation of grant that the land belonged to them. Kioko then purchased the land from people who were not the registered owners of the land.