Court worried of upsurge of succession cases involving surviving and deceased families

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The Presiding Judge of Eldoret High Court, Reuben Nyakundi, has expressed concern over the upsurge of succession of land-related cases in Uasin Gishu County.

Judge Nyakundi confirmed the emerging cases involve family members of the surviving and deceased parents.

Speaking after the launch of a four-day service week at the Eldoret Court on Monday, Nyakundi urged the feuding parties to embrace mediation as an alternative to solve disputes in land succession.

The Judge, who was accompanied by Magistrates, senior judiciary staff, and several court mediators, emphasised the importance of the mediation, saying it helps the court to overcome the distribution of multi-billion shillings estates left by deceased persons and other minor cases.

He asked the parties involved in succession and family land dispute cases to seek mediation, which he observed takes less than 90 days to be heard, and concluded to the satisfaction of the warring family members.

 He revealed that feuding parties who decide to take the judicial route will never enjoy the wealth left behind by their departed parents due to prolonged court hearings, which can take even more than 40 years.

“I have enough experience, at my age I cannot please you for giving wrong information, let me tell you that a  family member who insists on taking their land or succession dispute cases to court has never enjoyed the wealth left behind by their departed parents due to the prolonged process taken by the courts to hear and determine the matter,” Nyakundi argued

The Judge implored the residents to take cases related to family inheritance disputes to mediation to save time and also help in addressing the backlog of cases in various courts.

“We are here to work for you to serve you promptly, but truly speaking, taking matters related to family inheritance to full trial in court, which can be handled through mediation, is await of time; some people spend years and finally die before enjoying or appreciating their parents for the good work done,” He added

Justice Nyakundi assured that the courts have well-trained and impartial mediators that can handle disputes between feuding family members, noting that not all cases should be tried in court.

“I plead with you, don’t rely on fake judicial officials outside there, they are the ones who pretend to be the judges and magistrates, they are cheating you into believing that they are capable of helping in solving cases. Please don’t listen to them. In case there is a dispute in a family, come to court in person,” the Judge warned

 The chairman of the mediation lawyer Daniel Tariko, said that they are faced with the challenge of space owing to the high number of people coming for their services.

He appealed to the Judiciary to expedite the opening of mediation offices across sub-counties as one way of taking the court annexation mediation services closer to the people.

“The mediation has proved to be not only faster and time-saving but also effective in solving family disputes and succession cases which would have dragged on in court for a longer period before the warring parties get justice,” emphasised Lawyer Tariko.

Tariko revealed that since he took over early last year, his team had managed to solved critical number of succession cases involving family members from various communities in the North Rift region.