Aggrieved man resembling the main actor of the famous movie “the gods must be crazy“, exhumed his father at Kapsasur Kiptuiya ward in Nandi District after a court issued orders to evict the family that have lived there ever since their father died.
He dug the grave at times with bare hands while wailing and saying ” waacha baba atoke” let our father come out, an act that would have proved famous witchdoctors to be armatures.
He removed only the scull and thereafter, the grieving man held it on top of his head and walked round the farm followed by wailing women and men showing alot of anger.
Adverse possession is a legal right where squatters can acquire legal ownership due to continuous stay for a period of time. (12years). It is when the owner dont evict them with time.
However the original owner still has rights to recover his property through a court process.
The laws of Kenya has statutes of limitations that specify what period the owner can recover.
If the adverse possessor fails to prove non permission of use of land the court may favor the original owner. In most cases the adverse possessor looses.
Basing on the scull the aggrieved person held on top of his head, and the mans age, it appears those guys have been there for over 40 years.
The plot thickens as the law can follow Mr Bumble statement. You will get surprised when the judge argue that statutes of limitation can be extended. Where there are doubts common sense prevails and reasonable doubts take the merit.
How did a Luhya get land in Nandi..? If there are no receipt or transactions produced, another one bites the dust.
He can even be sued for burying his father in someone else property..its sad but it can happen…only in Kenya. It will change from tort to criminal.
The Government all the same, should relocate this family as animals in Kenya are enjoying more than Kenyans themselves.
They even show arrogance at times by taking long vacations to Tanzania in what is called “animal migration but in effect it’s their honeymoon period.
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