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75-Year-Old Nakuru Mother Fights EvictionAttempt by US-Based Son
Ms Esther Nyaruri’s golden years have turned into a nightmare as she finds herself embroiled in a property dispute with her own son.
Ms. Nyaruri, a mother of seven, finds herself in the precarious position of squatting in what has been her home for two decades, protected only by a court order preventing her eviction by her youngest son Abel Hayora Nyaruri. Ms. Nyaruri and her husband, Jason, raised seven children – five daughters and two sons. Their parenting efforts bore fruit when the children, upon reaching adulthood, secured visas to relocate to the United States. In a display of familial gratitude, the children pooled their resources in 2002 to purchase an acre of land in Nakuru’s Ngata area, constructing a permanent residence for their parents. This act marked a significant upgrade from the family’s previous dwelling in the Rhonda slums.
The family’s fortunes seemed to be on an upward trajectory when, in 2005, the children invited their mother to join them in the US with their father following suit four years later. Their daughter, Beatrice Bonchere, remained in Kenya to oversee the family property. However, this harmonious arrangement was disrupted in 2016 when Abel returned to Kenya, demanding to see the original land documents under the pretext of rectifying errors. The situation took a dire turn in 2020 when Ms. Bonchere found herself barred from accessing the family home by an individual claiming to be Abel’s appointed caretaker. Abel’s subsequent assertion of ownership over the property led to a series of confrontations, culminating in a legal battle that has placed Ms. Nyaruri, despite her frail health, at its centre.
In November 2020, the court issued a ruling intended to maintain the status quo, allowing the parents and other siblings to reside in the main house while Abel utilized the farm. However, the interpretation of this order became a point of contention, with each party understanding it differently. Ms. Bonchere alleges that Abel defied the court order by bringing people to occupy the servant’s quarters and other areas of the compound, making it difficult for the family to access the house. She further claims that Abel and his girlfriend have committed acts of violence against her and her mother in attempts to evict them and damage property. Despite reporting these incidents to the local police, no action was reportedly taken.
The family pursued contempt of court proceedings against Abel, resulting in two convictions and sentences. Abel, however, managed to pay fines totalling Sh800,000 to secure his release. The local police commander, in a report to higher authorities, attributed the lack of action to delays from the Office of the Director of Public Prosecution (ODPP) in reviewing case files against Abel. While the ODPP eventually directed the police to arrest and charge Abel with malicious destruction of property, he has yet to be apprehended, reportedly having left the country.
Abel, in his defence, claims to be the rightful owner of the property, asserting that he single-handedly funded its purchase and construction. He argues that his father attempted to register the property in his name without having the financial capacity to acquire it. Abel further contends that he was instrumental in helping his family relocate to the United States and provided for their medical care abroad. He maintains that his father lacked the means to purchase the land or build on it, and was financially dependent on him. The case has drawn the attention of human rights organizations, with Mr. George Narok of the Trusted Human Rights Alliance criticizing the police for failing to protect the family and questioning the motives behind the delay in processing the case files.
