The youngest widow of the late prominent businessman-cum-politician Jackson Kibor has moved to court seeking to charge her stepsons with contempt of court.
Ms Eunitah Kibor claims that the elder sons of Kibor had acted in a disruptive, disrespectful way by evicting her from her matrimonial home.
In the application filed under a certificate of urgency, Eunitah, through her advocates, claims that her step-children had acted in breach of an active court order restraining any of the beneficiaries from intermingling with the estate.
She has accused her step-children [Magdalene Kibor, Betty Kibor, Loise Kibor, Samwel Kibor, David Kibor, Albert Kibor, and Stephen Kibor] led by Kibor’s eldest son Philip Kibor, of contempt of court by interfering with three parcels of land in the estate of her late husband and evicted her and her four children.
The widow who has accused her step-children of cruelty and abuse, claims that three months after Kibor’s burial, her step-children unlawfully evicted her and her minor children from her Kabenes matrimonial home.
The home of Eunitah Jelimo Bor, the youngest widow of the late Mzee Jackson Kibor in Itigo in Eldoret, Uasin Gishu County on April 27, 2022.
Photo credit: File | Nation Media Group
“After Kibor’s death, my children’s (Reuben, Ruth, Rael, and Remmy) fundamental rights and freedoms have been grossly violated, infringed, and threatened. They have suffered acts of violence, torture, abuse, cruel, inhuman or degrading treatment at the hands of the respondents on their own or through individuals acting on their behalf,” she lamented.
Eunitah further claimed that respondents have been threatening to freeze bank accounts that held funds meant for her children’s maintenance.
“The first, second, and third respondents have entered my matrimonial home with one sole intention; to abuse, torture, intimidate, assault, render destitute, and commit all manner of human rights violations and constitutional infringements against me and my children,” she stated through an affidavit.
Her advocate Wilson Kalya told the court that the late Kibor catered for Eunitah’s four children with rental proceeds generated from his rental units in Eldoret and from farming in Mafuta Farm measuring 143 hectares as well as other farms measuring an estimated 1,600 acres in Kabenes.
Kalya claimed that the eight children of the late farmer have been collecting and pocketing rental income claiming that the same should be channelled to the accounts created by the deceased.
kibor
Photo credit: File| Nation
“The court directed in its order issued on November 19, 2022, that no inter-meddling of the rentable quantum from the tenants shall be deposited in any other account save only with the decree by the deceased during his lifetime. The eight respondents have inter-meddled with rental income generated from Uasin Gishu/Kimumu Scheme/1630 without the express authority of the court, thus constituting inter-meddling with the estate punishable under the provisions of the statute as contempt of court,” read the court papers.
Eunitah, 45, argues that there is a need to maintain the status quo and that each household maintain the farms that they lived on as at the death of their patriarch.
She claimed that she and her four children occupied 100 acres in Kabenes and Mafuta farm measuring 300 acres.
Apart from the listed properties, Eunitah said she also occupies three prime plots on the outskirts of Eldoret town.
She wants the court to review its preservation orders issued in November 2022 to specify the land each household currently occupies, saying doing so will protect her and her children.
She also wants the eight respondents and any extended family member restrained from trespassing or interfering with the properties that she occupies and from collecting rent from the rental units left behind by Kibor.
