Judge urges feuding siblings to end 30-year succession battle, orders mediation
The High Court expressed frustration that the dispute, first triggered by the death of the family patriarch almost half a century ago, has resurfaced with renewed bitterness following the recent passing of their mother.
A Nairobi court has asked a family entangled in a nearly 30-year succession row to put aside their legal hostilities and pursue reconciliation, warning that their long-running feud over valuable properties in Muthaiga and Mombasa is tearing them apart and enriching no one but their lawyers.
The High Court expressed frustration that the dispute, first triggered by the death of the family patriarch almost half a century ago, has resurfaced with renewed bitterness following the recent passing of their mother.
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At the time of their father's death, most of the siblings were minors, a fact the court said has contributed to conflicting recollections and competing versions of how the estate should be handled.
On Tuesday, the judge questioned the wisdom of continuing the adversarial process, noting that the siblings' entrenched positions had only deepened mistrust.
He observed that each family member seemed to hold a separate narrative about the management of the estate, creating a tangled dispute with no clear consensus on what transpired over the years.
"You are waging battles over an inheritance from a parent many of you barely knew because you were very young," the judge remarked, stressing that protracted succession fights rarely produce meaningful victories.
He cautioned that court rulings inevitably create winners and losers, making it difficult for relatives to rebuild fractured ties.
According to the court, the siblings' disagreements had grown so complex that litigation was unlikely to bring closure. Instead, the judge urged them to step away from what he described as a destructive climb toward a summit where none of them would benefit.
He reminded them that as the direct descendants of the original property owner, they owed it to themselves to seek unity rather than deepen divisions.
In an effort to steer the family toward a more constructive path, the court directed that the dispute be submitted to mediation.
The judge said mediation offered a space for honest engagement, something the courtroom could not guarantee, and encouraged them to seize the opportunity to rebuild trust.
All pending applications were suspended to give the mediation process room to proceed without interference.
The court appealed to the siblings to engage sincerely, urging them to craft a solution that would allow them to restore familial relationships and share in important life events without lingering resentment.
"Approach the discussions faithfully," the judge told them. "You share one father and one mother. You must find a path that allows peace to prevail."
The matter will return to court in February next year for a progress update on whether the nearly three-decade stalemate can finally be broken outside the courtroom.
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