Son in US seeks to evict wheelchair-bound mother, 75, from matrimonial home in Nakuru
Esther Nyaruri's Ngata home, from which her son Abel Nyaruri is trying to evict her and her daughter Beatrice Bonchere.
What you need to know:
- For four years, the mother, who is ailing and wheelchair-bound, has had to contend with physical and verbal abuse from her son and disrespect from his friends.
- Reflecting back more than 20 years ago, Ms Nyaruri could not imagine that this is what would befall her family in future.
Ms Esther Nyaruri’s blessings seem to be turning into her torment in her sunset years after she found herself battling it out with her own son over property.
The mother of seven is currently squatting at a place she has called home for 20 years— courtesy of a court order that blocked the son, Abel Hayora Nyaruri, from kicking her out of her matrimonial home.
What appeared to be progress has put the family at risk of disintegration after one son, the last born in the family, decided to rise up against his own blood and reclaim what he terms as his property.
For four years, the mother, who is ailing and wheelchair-bound, has had to contend with physical and verbal abuse from her son and disrespect from his friends.
Reflecting back more than 20 years ago, Ms Nyaruri could not imagine that this is what would befall her family in future.
After being married to the love of her life, Mr Jason Nyaruri, the couple was blessed with seven children— five daughters and two sons.
When they came of age, the children were lucky to get visas to move abroad, to the United States. At least six of her children managed to travel to America.
Esther Nyaruri's Ngata home, from which her son Abel Nyaruri is trying to evict her and her daughter Beatrice Bonchere.
The good job that she did in raising the children was repaid when they decided to come together and contribute towards uplifting the lives of their parents.
In 2002, they acquired an acre of land in Ngata area of Nakuru before putting up a permanent house for the family.
It was nothing but joy when the parents were moved from Rhonda slums to a bungalow by their children between 2002 and 2003.
Later in 2005, the children called their mother to join them in the US before their father followed them four years later.
One of their daughters, Beatrice Bonchere, remained behind to take care of the home, where she started living with her children.
However, trouble started in 2016 when Abel travelled back to the country demanding to see the original documents for the parcel they had purchased.
He claimed the documents had errors, which he needed to correct with the lands office.
The father, who was still abroad, advised Ms Bonchere to hand over the documents to her brother.
Everything seemed to be okay until 2020 when Ms Bonchere, who worked in Nairobi, came back home to Nakuru only to be blocked from accessing their residence.
According to Ms Bonchere, there was a man who claimed to have been employed by her brother Abel as the home caretaker with instructions not to allow in anyone.
“I called my father and informed him of the incident. He called Abel who insisted on being the owner of the property and was not ready to have any person access it. My father then instructed me to go to the lands office to confirm the status of the land,” said Ms Bonchere.
They were shocked to discover that the title deed which was initially in the father’s name had changed to Abel Nyaruri.
This prompted the father to immediately file a case before the Environment and Lands Court.
The court in its ruling on November 18, 2020, ordered a status quo where the parents and other siblings were allowed to stay in the main house while Abel was to utilise the farm.
“Parties maintain the obtaining status quo where the applicant remains in possession and usage of the main house in the main house and will not interfere with the defendant’s usage of the land until the case is heard and determined,” ruled Justice John Mutungi.
The interpretation of the order, however, became the subject of controversy after each party interpreted it differently.
Esther Nyaruri (in the wheelchair) with her daughter Beatrice Bochere at their home in Ngata Estate, Nakuru.
Ms Bonchere said her brother, in defiance of the court orders, proceeded to bring people to live in the servants’ quarter and occupy every space in the compound— making it difficult for them to even access the house.
“On several occasions, Abel and his girlfriend assaulted me and my mother in a bid to evict us from the house. They destroyed property in the house and even attempted to demolish the house. We reported all these cases to police at in Menengai but no action has been taken against them,” said Ms Bonchere
The family instituted contempt of court proceedings against Abel who was convicted and sentenced twice, but managed to pay fines of Sh600,000 and Sh200,000 to regain his freedom.
Rongai sub-County Police Commander Wilberforce Sicharani, in his report to the Nakuru County police commander, blamed the office of the director of public prosecution for withholding files against Abel.
Mr Sicharani claimed the ODPP had requested to peruse at least three files involving cases against Abel without giving feedback.
“The decision of the ODPP over the inquiries under his perusal will give the police the next course of action,” stated Mr Sicharani in his report dated January 12, 2024.
The ODPP in one of the responses to one of the complaints dated April 30, 2024, directed the police to arrest and charge Abel with malicious destruction of property.
“It is clear from the foregoing that indeed the suspect without any right invaded the complainant's home, stole and destroyed properties worth millions of shillings. We recommend the suspect should be arrested and be charged with the offences as opined by the investigating officer”.
Abel is however yet to be arrested as he is said to be out of the country.
Abel, however, in response to the suit pending in court, claimed to be the owner of the said property after having “single-handedly” funded its purchase and construction.
He told the court that his father had maliciously tried to register the property in his name yet he had no financial capacity to purchase the land and construct the house.
The son argued that he is the one who facilitated his parents and siblings to move to the US after he first got the opportunity.
Abel claims he is the one who helped the family settle in the US and had been the one taking care of his parents’ treatment abroad.
Esther Nyaruri at their home in Ngata Estate, Nakuru.
“The plaintiff did not purchase nor is he the owner of the land. He did not and has never built any house on the suit land since, at all material times, he had no means to do so. As a matter of fact, the plaintiff was financially dependent on me before and after I purchased the suit land,” he stated.
The mother is now concerned that her son no longer wants to see or hear from her.
“I do not know what happened to my son. I do not know whether it is the money that is turning him away from the family but I would want him to know that I am his mother and I pray that he can change back to the son that he used to be,” said Ms Nyaruri
