Kenya: Court Rules Parents can Sell Ancestral Land Without Consulting Children
In fact, it is despicable, if not outrageous, for a child to assert that his father or mother, must subdivide his land in a particular way, and proceed to sure his parent because he/she does not wish to deal with the land in the way proposed by the child.
REBP
A landmark ruling was made by a court in Kisii, Kenya permitting parents the liberty to sell land without consulting their children.
Lands Court Judge Munyao Sila in his ruling affirmed that there is no law cited supporting the contention that children have a right to compel their parents to consult them when dealing with land.
He further asserted that it is time that children stopped having the notion that what belongs to their parents is theirs as well.
He noted: “In fact, it is despicable, if not outrageous, for a child to assert that his father or mother, must subdivide his land in a particular way, and proceed to sure his parent because he/she does not wish to deal with the land in the way proposed by the child.”
He ruled while reviewing a case where two children had accused their father of selling their “ancestral land.”
While they affirmed that their father was indeed the registered proprietor of the land, they argued that he only held the title deed in their trust as the property was ancestral, and could not sell it.
Judge Munyao in his judgment mentioned that the property is not ancestral land held in trust for the family and therefore the father is free to deal with it as he wished.
Justice Munyao affirmed, “The court is persuaded that the first defendant (father), freely owned the land and was entitled to deal with it as he pleased.”
This ruling is likely to set precedent for many land disputes pitting parents and their children.
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