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President William Ruto hosted chiefs at StateHouse Nairobi. [File,Standard]
Land remains one of the most sensitive issues in Kenya. It is not only an economic asset but also a source of identity, heritage and family security. It is therefore not surprising that many disputes brought before our courts revolve around land ownership and succession. Unfortunately, many of these disputes are made worse by actions taken long before they reach the courtroom, particularly at the offices of the local chiefs. Chiefs continue to play an important administrative role as representatives of the national government at the grassroots level. They help maintain security, coordinate government services and provide administrative support to the public. However, despite the transformative changes introduced by the Constitution of Kenya, there remains a widespread misconception that chiefs possess authority to determine land ownership, decide succession matters or allocate family property especially in the rural areas. They do not.
One of the most common areas where this misunderstanding arises is in succession proceedings. When a deceased person dies intestate, family members are often required to obtain an introductory letter from the area chief confirming the deceased’s residence and identifying the surviving beneficiaries. The purpose of this letter is purely administrative. It merely assists the court by providing preliminary information. It is neither evidence of ownership nor a determination of who should inherit the estate. The court alone has the constitutional and statutory mandate to determine succession disputes. Unfortunately, some chiefs have gone beyond this limited role. There are increasing complaints that many demand bribes before issuing introductory letters, delaying families that are already grieving. Others reportedly omit genuine beneficiaries, introduce individuals who are not members of the family, or favour certain relatives over others. Such actions compromise the integrity of succession proceedings and expose innocent families to lengthy and expensive litigation.
