“I thank the Transmara Paralegal network for helping me get my land; my children can now go to school. I farm, and the proceeds from my farm help me to feed and fend for my family, thank you very much, Transmara paralegal network and ICJ Kenya, and God bless you,” – Emily Nyukul, a beneficiary of Transmara Paralegal network.
Mr. Nyukul Snr had three wives; the first wife had only one son, Eliud Nyukul. Eliud Nyukul married Emily Nyukul and bore four children. The two of them lived happily before her husband fell sick.
For six years, Emily’s brothers-in-law took advantage of Eliud’s mental illness to frustrate and deny her rightful share of the property (her husband’s land); in the region, much like most of the country, land is golden. They went as far as chasing her and her four children from their homestead. This forced her to move back to her parents’ home.
However, she could not provide for her children. With not much choice left, she was forced back to her matrimonial home. She sought assistance from her siblings to resolve the dispute with her brothers-in-law to no avail.
They approached the area Chief, but even this bore no fruits. However, the Chief acknowledged the challenge and referred them to the Transmara Paralegal Network, a network supported by the Kenyan Section of the International Commission of Jurists (ICJ-Kenya)
The paralegal network, mindful that most conflict-related issues were resolved through dialogue, convened a meeting between Emily and her brothers-in-law in an attempt to resolve the conflict. However, the brothers-in-law remained adamant, claiming that while it was true, she was entitled to a parcel of land, they were uncertain of the location of the land. They further suggested that Emily move back to her parent’s house until they could identify the exact land location. Having established a good relationship with the Registrar of Lands at Kilgoris in Transmara, the paralegal network was able to find information on the exact location of the land. Armed with this new information, the Paralegal network put together the information and made a compelling case to support Emily.
The network visited the land site and convened a Baraza – one of the Alternative Dispute Resolution (ADR) mechanisms used in the region involving the elders of the area to come to an agreement. The parties to the conflict attended the Baraza, including Emily’s brothers-in-law. As a result, a resolution was reached that the land would appropriately be subdivided amongst the three wives of Mr. Nyukul Snr. At first, the brothers-in-law opposed the resolution, but the alternative of going to court was not favorable to them.
The involvement of the paralegal network facilitated the resolution of the matter within two months. Today, Emily lives peacefully on her piece of land, which she has utilised as a source of livelihood to provide for her family, including her sick husband, Eliud. Her eldest daughter has just completed her primary education.
The paralegal network is now following up with Emily to ensure the land is transferred to her name.
Watch: https://youtu.be/9jrGZSCOTY0
