Struggle over possession of pet canines, cows that has landed Nakuru residents in court docket

Ruma ,8, and Lelgina ,9, had been on August 28, 2020, subjected to a DNA take a look at to show possession after two ladies from Ngata in Rongai sub-county in Nakuru claimed the cows belonged to them.

Ann Cherotich and her neighbour Gloria Kandie have been engaged in a heated court docket battle over who rightfully owns the 2 Friesian cows. Earlier than transferring to court docket, Cherotich stated she misplaced the 2 cows she believes are Ruma and Lelgina in August 2015, after they had been allegedly stolen from her compound.

She stated she reported the theft at Ngata Police Station and began searching for them.

“I misplaced my husband and my cows. Each offered for my wants and the wants of my 4 kids. What I pray for is that I can be compensated for the price I’ve endured because the case commenced in 2020,” she stated.

On August 10, 2020, Cherotich who was passing by Kandie’s home noticed two cows that resembled hers. She stated they even gave her the ‘look’ and feelings proving they had been linked as a household.

“I signaled the cows they usually got here to me. I knew then that they had been mine,” stated Cherotich.

She reported the matter at Menengai Police Station the place the station’s OCS ordered Kandie to give up the cows.

DNA take a look at

When the police failed to inform the distinction between the cows, they subjected them to a DNA take a look at. A veterinarian checked on the traits of the cows together with their dentition, tail swap, dehorning patterns, and pores and skin and common physique marks.

The following trick was easy; the 2 ladies needed to describe their cows and the one with the right narrative can be declared the proprietor.

The ladies’s personal descriptions of the cows had been recorded together with how the cows had been dehorned, their pores and skin patterns and dentition, and had been in contrast with the veterinary officer’s report.

Within the outcomes, Peter Ngugi, the Rongai Sub-County Veterinary Officer Rongai, stated Cherotich’s description of the cows matched that of the DNA take a look at outcomes.

The police later concluded that Cherotich was the proprietor of the cows and ordered Kandie to give up them at Baraka Police Patrol Base on September 22, 2020.

Nevertheless, Kandie who was in possession of the cows may hear none of Cherotich’s shenanigans nor the police and she or he moved to court docket and sued her earlier than Senior Resident Justice of the Peace Benjamin Limo.

Limo issued a short lived order for Kandie to own the cow (established order) till the case is concluded.

Kandie informed the court docket that she purchased the cows from two totally different individuals, at a mixed value of Sh215,000, and named them Ruma and Lelgina.

“I purchased Ruma from Paul Majanga for Sh100,000 on October 5, 2018, and Lelgina from David Mugaka on August 1, 2019, for Sh115,000,” learn Kandie’s assertion.

She claimed that on August 10, 2020, Cherotich invaded her grazing fields and commenced claiming the cows had been hers.

Kandie rubbished the DNA take a look at consequence, saying it was biased. “The cows’ bodily appearances had been examined in my absence,” she claimed.

On July 21, this yr, Senior Principal Justice of the Peace Charles Njuguna dismissed Kandie’s case when she and her attorneys did not attend court docket.

Mr Charles, nonetheless, didn’t concern any orders on what must be finished with the cows. Believing that the cows can be surrendered to her, Cherotich went to Kandie’s home and demanded her cows.

Nevertheless, in a brand new software, Kandie desires the case revived. She stated the case was decided in her absence and has urged the court docket to listen to the matter and decide it on benefit. On her half, Cherotich is a annoyed girl and feels that justice has not been served.

Case of the German Prince

And even because the cows’ saga is but to be settled, a girl named Dorris Moraa has refused to give up a German shepherd named Prince, which she borrowed from her neighbour Julius Nyabando in July 2020.

Moraa took the Prince from Nyabando, her pal, to mate and breed her dam with the promise that she would return him after per week. Nevertheless, Moraa refused to return Prince to Nyabando for one and a half years, forcing him to maneuver to court docket and sue her in January this yr.

Nyabando stated when he handed over Prince to Moraa, he was wholesome and in good bodily situation and would mate and breed efficiently.

“Regardless of agreeing that she shall return the canine instantly after siring her dam, Moraa refused to return him,” stated Nyabando.

He stated he was in a breeding enterprise and Moraa’s motion halted his supply of earnings and safety for his household.

Nyabando urged Nakuru Resident Justice of the Peace Dominic Macharia to order the lady to give up the canine or pay another Sh60,000, the alleged market worth for the canine.

In her defence, Moraa claimed that Nyabando gave her Prince as a pleasant gesture, at his building website at Ngata.

“He appreciated me for giving him a compacting machine and establishing vibrators and I had paid his building employees whereas he was away within the USA,” she stated.

She additional tried to persuade the court docket that Prince was not ready to sire when she was given, as a result of he was too younger.  

Dr Japheth Korir, a veterinary officer who has been vaccinating Prince since delivery informed the court docket that the canine belonged to Nyabando. He additionally confirmed that Prince was the identical canine because the one he discovered at Moraa’s place in April 2021 whereas he went to take care of a canine that was giving delivery.   

On August 26, Mr Macharia dominated that the canine belonged to Nyabando after he produced a vaccination certificates for April 2019. He additionally famous that Moraa was in possession of the canine since July 2020. He dominated that Moraa did not adduce tangible proof to show she was given Prince as a present and her declare was her phrases towards Nyabando’s.

“The argument that the canine couldn’t mate can not stand, German Shepherd male is prepared for mating at 12 months and the defendant (Moraa) took the canine when it was 14 months previous,” the Justice of the Peace dominated.

Macharia ordered Moraa to give up the canine to Nyabando inside 14 days of the judgment or alternatively pay him the present market worth of the canine.

A report compiled by Dr Jackson Kamau a veterinary surgeon in Nakuru on September 5, who did the valuation of the canine indicated that the canine’s estimated worth is Sh30,000.

The physician indicated that the valuation report of the black and brown, 40-month-old Prince was saved in pretty good situation.

On September 8, Moraa in her affidavit stated that she was prepared to pay Sh30,000 after partaking the veterinary officer for the valuation of the canine.

Nyabando declined Moraa’s supply to pay him Sh30,000 for the pet claiming that the phrases had been low in comparison with his preliminary valuation of Sh60,000 he had quoted for the canine in his assertion.

He as an alternative stated he needed Prince again in his custody.