Succession battles blamed for court backlog in North Rift
The growing number of succession disputes has contributed significantly to the backlog of cases in the North Rift region, Environment and Lands Court Judge Charles Yano has said.
Yano said bitter family battles over the distribution of estates left behind by deceased parents and relatives had left many families struggling financially, despite billions of shillings worth of wealth remaining tied up in protracted legal disputes.
Speaking during celebrations to mark 10 years of the Alternative Justice System (AJS), the judge urged families embroiled in succession disputes to embrace out-of-court mechanisms, including mediation, to resolve their differences without enduring lengthy court battles.
He said some succession cases could take decades to resolve through conventional court processes, denying beneficiaries access to property and other assets they were entitled to inherit.
“I am appealing to families to embrace the Alternative Justice System and court-annexed mediation in matters related to succession instead of a court process that might take decades to resolve their disputes,” Yano said.
The judge expressed concern over the growing number of family disputes brought before courts over the distribution and management of vast estates left behind by deceased parents and guardians.
He observed that many of the disputes could be resolved more quickly through alternative mechanisms, allowing beneficiaries to settle their differences, preserve family relationships and gain access to their inheritance.
“As the Judiciary, we are promoting AJS and court-annexed mediation, which we believe are the best ways to help reduce the backlog of cases in our courts in the North Rift region,” Yano said.
The Law Society of Kenya (LSK), North Rift Chapter, dismissed claims that lawyers opposed alternative dispute resolution because they stood to earn more from prolonged litigation involving succession cases.
North Rift LSK chairman Oscah Oduor said lawyers were at the forefront of promoting alternative justice and court-annexed mediation as a means of resolving family disputes and restoring relationships among beneficiaries.
Oduor said the chapter had rolled out an awareness campaign targeting elders, religious organisations and other stakeholders to encourage communities to embrace AJS as an effective way of resolving succession disputes.
“In fact, we have rolled out a major awareness campaign targeting elders, religious organisations and other stakeholders to create awareness about the need for society to embrace AJS as a solution to the succession disputes that remain rampant in this region,” he said.
Uasin Gishu County Mediation chairman Daniel Tariko, a lawyer, urged families embroiled in succession disputes not to fear the mediation process, describing it as an effective avenue for resolving long-standing disagreements.
Tariko said agreements reached by disputing families through mediation could be presented to the court for adoption as consent orders, enabling beneficiaries to proceed with the distribution of estates in accordance with the agreed terms.
“The feuding families should know that once they agree during mediation on how to share whatever was left behind by their parents, the report will be adopted and signed as an order of the court, paving the way for the beneficiaries to access the wealth,” Tariko said.
Among the prominent families involved in protracted succession disputes are those of the late politician and farmer Jackson Kibor and the late John Kiplagat Kibogy, whose children have been embroiled in disputes over the distribution and management of their respective estates.
The estates, reportedly worth more than Sh15 billion combined, have been the subject of prolonged legal battles, with some disputes dragging on for more than a decade.
The disputes have highlighted the financial and emotional toll of prolonged succession litigation, with the Judiciary and legal practitioners urging families to consider alternative dispute resolution mechanisms to achieve faster settlements and preserve family ties.
