Widow’s agony after husband’s kindred rob her of land, estate
Abuta Ogeto
As the rest of the country celebrated the dawn of the New Year, Robina Kwamboka, 64 was all in agony.
Her kin, who had earlier dispossessed her of her late husband’s property now wanted her out of her matrimonial home.
Having persistently resisted the move, her brothers-in-law decided to raze down a section of her house and compound as a signal that her time in that home was up.
On enquiry on why they did so, Alloys Omare, one of her brothers-in-law said, ‘We were only trying to kill a snake.’
A few days later, a fence encircling her compound was erected while she was away, blocking the access to her house.
Her protests resulted in threats on her life if she did not pack and leave immediately.
But Robina’s troubles did not start in the recent past. It has been an unresolved decade-long matter.
Ever since she was widowed, her late husband’s family has been up in arms over her presence at his home in Masera/Metamaywa Village despite her 49-year-old marriage.
Immediately after her husband’s burial, she was barred from accessing his properties and land, severely crippling her economically.
This would worsen when her father-in-law, Mzee Nyangoka Osano, died in 2010.
Following Nyangoka’s death, her three living brothers-in-law sought to process a succession and subdivide the land among themselves, excluding Robina, despite being the rightful next of kin for their deceased brother.
Disgruntled that the brothers, led by Alloys Omare, had already processed the subdivision of the Mzee Osano’s land (LR. No East Kitutu/Mwamang’era/626) into three parcels (LR. No East Kitutu/Mwamang’era/3700, 3701 and 3702),she sought assistance from the local administration to stop the process.
Kennedy Bosire, the Nyamira County Land Registrar, on receipt of Robina’s complaint via the Deputy County Commissioner, temporarily cancelled the subdivision pending the resolution of the matter.
On learning of the filing of the complaint by the widow, the family descended on her son, Vincent Osano, 40 years, beat him up, leading to his hospitalization.
Rigoma Division’s assistant county commissioner, Faith Kandagor, visited the family on September 27, 2017 over the matter.
She advised the land be divided into four equal portions. Robina got her share of the land and a title was issued under her name.
Much as the family agreed to the assistant county commissioner’s conclusion, two brothers (Omare and Henry Ontome) insisted on evicting the widow.
Area Chief, Peter Mokaya, severally ordered their arrest for malicious damage to Robina’s property.
They could be locked up in Keroka Police Station for a while but released before arraignment in court.
In a letter dated January 9, 2018, the assistant county commissioner noted that: “the family is stubborn, arrogant.”
She directed that should they fail to do so, other avenues would be explored. Yet, to date, the widow is still in agony.
Omare, once again, went ahead to divide the land into four before fencing it without consulting the family members, Robina included. He further arrogated himself his late brother’s portion.
In the process, he burnt one of her stores and felled several trees behind her compound to pave the way for ‘proper fencing’.
To resolve the conflict following Omare’s actions, the area chief convened a meeting among the family and villagers.
He asserted that under no circumstances will Robina be evicted or dispossessed.
“I note that Omare is uncooperative and intends to chase the widow away. However, Robina must get her land without conditions,” he added.
In 2018, Omare sought to push for the successful subdivision of the land without the consent of the Land Registrar.
On learning about this, Bosire, the Land Registrar, declined the inappropriate application which “was being undertaken without the County Land Registrar.”
Earlier, on February 5, 2018, he had directed Omare to resolve the matter with the assistant county commissioner, which he did not.
Calls for the family to present themselves for resolution by the Federation of Women Lawyers (Fida– Kenya) were unfruitful.
“Whereas I summoned them, they never showed up. I requested the area chief to write a letter indicating that she is the rightful beneficiary of her husband’s land,” Janet Anyango, an advocate with Fida in Kisumu, stated in a letter.
Despite the community and local administration calls for justice for Robina, the family cannot hear any of it.
“That woman must leave our family alone. In fact, we have gotten a parcel of land for her elsewhere. She must leave,” Omare says.
He says they have offered the lady an alternative piece of land away from her husband’s home, but she has refused to relocate there.
Robina claims that the piece of land she was told to relocate to by Omare is smaller, unproductive and she does not understand why she must leave her matrimonial home for a strange land.
“I left for them all the other properties and parcels of land my husband owned. Why are they so insistent that I must leave even the little where my house stands?” she cries.
Mzee Daniel Abisai, a neighbour and elder, says that it is grievous that Omare and his kin are frustrating a poor widow.
