Mrs. Jacinta Mbulu at the Kalulu Market in Kitui County.

Bent but not broken; Kitui Paralegals resolve family conflict

By Alvin Wafula

Mrs. Jacinta Mbula is married to Nicholas Keya, and they live with the family patriarch, Samson Mwathi [Nicholas’s father]. Her conflict ensued when her sister-in-law, Hellen Mwikali, budged on their land while harvesting and uprooted some crops. She claimed that she had not been consulted and that the land belonged to her family. She added that there was communication between her father and her that she would be coming to till the land. The conflict led to a physical confrontation between the two.

Hellen proceeded to the police to lodge a complaint against Jacinta, who was arrested and detained at the police station for two days. She made the cash bail and was released.  A few days later, Jacinta was arraigned in court and charged with assault. On hearing the matter, the court advised the conflicting parties to resolve their dispute through Alternative Dispute Mechanisms, involving the community elders and the area chief, and report on the progress.

However, Hellen was not receptive to the option and refused to show up at the meeting with the elders, claiming that she could not be forced to reconcile with someone who assaulted her. The failure to come to a solution led the court to recommend the matter to the Kitui Paralegal Network as a last resort and report on the progress to the court.

The Paralegal network, through their coordinator, Mr. Kasina, convened a meeting between the conflicting parties. The first meeting brought together all the conflicting parties, including Nicholas Keya and Mr. Samson Mwathi, the family Patriarch. From the meeting, it was established that the conflict escalated because the family Patriarch failed to communicate with Jacinta about the impending arrival of Hellen and her desire to till a section of the land.

A follow-up meeting was scheduled between Hellen, Jacinta, and Nicholas. From the meeting, the two sisters-in-law, realizing they were not at fault for the conflict and were only reacting to the actions of each other. They agreed to apologize and reconcile. Hellen decided to withdraw the case, and the court agreed to the resolution between the two.

Jacinta and Hellen have since buried the hatchet and co-exists harmoniously.

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