By Alvin Wafula
Mrs. Kalondu put part of her property up for sale to support her seven children’s education following the death of her husband. One of the properties was a parcel of land. She found a willing buyer, Mr. David Kimuyu, who agreed to purchase the land at 150,000 Kenya Shillings. Mr. Kimuyu purchased the land in 2018 in the presence of the area chief in Kasiliya and his assistant chief. The documents were drawn up and the transfer effected with part of the agreement that he would bear the transfer cost of the title deed to his name.
The buyer, Mr. Kimuyu, did not effect the title transfer and instead developed the property by putting up a temporary structure. Two years later, he demolished the structure, hired a lawyer, and moved to court, accusing Mrs. Kalondu of failing to return the money he had loaned her. He changed the narrative and claimed that he was a shylock who lent Mrs. Kalondu Ksh 150,000, and since she defaulted to pay him back, he took her land to serve as security. In the court papers, he had also stated that he was entitled to a repayment of Ksh. 1.5million because of the interest accrued from the initial amount borrowed by Mrs. Kalondu.
The court issued a warrant of arrest against Mrs. Kalondu for her failure to pay Mr. Kimuyu. Until she was arraigned in court, Mrs. Kalondu was unaware of the charges and was later detained at the police station for three months (December 2020 to February 2021). During this time, her side of the story remained unheard since her family could not afford a lawyer. Her daughter, Kalondu John, was referred to The Kitui Paralegal Network, and she approached the network and shared her mother’s story. The coordinator of the Kitui Paralegal network, Mr. Kasina, who also sits on the court users committee, approached the Chief Magistrate, who advised him on possible next steps to address the conflict. Mr. Kasina also approached the advocate representing the complainant to discuss the possibility of settling the matter out of court.
During the next hearing, all conflicting parties were present, including Mrs. Kalondu and David Kimuyu. The parties informed the Chief Magistrate of their desire to settle the matter out of court. The Magistrate granted their request and asked that they report on the progress on specified dates that the court provided. On the first court appointed date, Mrs. Kalondu fainted in court and was rushed to hospital, where she was treated for high blood pressure and sent back to detention. One of the identified reasons for her high blood pressure was the lack of proper bedding in the detention centre. The Paralegal network approached the Officer Commanding Station (OCS) with the findings from the hospital and requested him to provide the necessary beddings for Mrs. Kalondu. The OCS agreed to the request.
In February 2021, two weeks after the incident, the parties appeared before the court again. In collaboration with the police, the paralegal network had carried out investigations that they presented to the court. The Chief Magistrate, guided by the findings of the inquiry, ordered the release of Mrs. Kalondu. The court further asked the parties to report to the court on October 21, 2021, with the original title deed of the land for further directions on the matter.
Mrs. Kalondu is now free and looks forward to the hearing. She hopes that she receives compensation for the harm caused to her, particularly during her detention. She is also grateful to the paralegal network and is more confident that the court will rule in her favor.
