Judge Blocks US-Based Son from Evicting Wheelchair-Bound Parent in Kenyan Land Case
A land ownership dispute in Nakuru County, Kenya, has resulted in a court ruling that prohibits a Kenyan-American man from entering his parents' property.
The Environment and Lands Court in Nakuru has issued a permanent order barring Mr Abel Hayora Nyaruri from accessing the one-acre plot in the Ngata estate where his parents had built their home. This decision comes after Mr Hayora attempted to evict his ailing parents, claiming ownership of the property. The court's ruling has established that the land, officially designated as Njoro/Ngata Block 2/1613 (Kiboron 'A'), rightfully belongs to Mr Hayora's father, Jason Nyaruri. Consequently, the judge has nullified the title deed registered in Mr Hayora's name, deeming it illegally obtained. Furthermore, a permanent injunction is granted to prevent Mr Hayora or his representatives from trespassing, entering, or interfering with his parents' possession of the land.
The origins of this familial conflict trace back to 2002 when Mr Nyaruri purchased the land for 350,000 Kenyan shillings and constructed a family home. He asserts that the funds for this purchase were contributed by his seven children, some of whom reside in the United States. In 2009, Mr Nyaruri relocated to the United States after receiving a green card, joining his wife who had previously moved there. He entrusted the property to his daughter Beatrice Bonchere and son Josephat Nyaruri. Upon returning to Kenya in 2019, Mr Nyaruri discovered that his son Hayora had taken control of the property, securing all rooms and appropriating the title deed and allotment letter.
Subsequent investigations revealed that Mr Hayora had illicitly transferred the land to his name and obtained a new title deed. This discovery prompted Mr Nyaruri to initiate legal proceedings in 2020. Mr Hayora contested his father's claims, asserting that he was the rightful owner of the land and had solely financed its purchase. He alleged sending approximately 500,000 Kenyan shillings to his mother in 2002 for the land acquisition. According to Mr Hayora, after a family discussion, it was agreed that the title's registration in his father's name was erroneous and should be rectified. However, the court on Wednesday found Mr Hayora's claims questionable and ruled that Mr Nyaruri's title was valid.
The judgment highlights procedural irregularities in the purported transfer from Mr Nyaruri to Mr Hayora, noting that Mr Hayora failed to provide evidence of his father's signature on the transfer documents. The court has also determined that the funds Mr Hayora sent were intended to assist his parents in purchasing a house, not for the disputed transfer. This legal battle, spanning four years, has been marked by allegations of assault and police bias. Mr Hayora's elderly mother and sister reported being assaulted by Mr Hayora and his girlfriend, leading to complaints about the police's handling of the case in Rongai.
The dispute escalated to the point where Mr Hayora's girlfriend filed charges against his mother, resulting in the latter being prosecuted. Additionally, Mr. Hayora himself was twice found guilty of contempt of court for disregarding orders to refrain from interfering with his mother's peaceful residence in the house.