75-Year-Old Nakuru Mother Fights Eviction Attempt 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.
Comments
Growing up I used to her…
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Growing up I used to her that, so and so's son has gone to America to study,and he would be back.True to their words most Kenyans who left the country in the 70s and down returned.Not only that,but their family unit was pretty much intact.Some had wives who waited and never strayed despite suspicions of their hubbies tasting mzungu...
Not so anymore.Most who leave now days dont want to comeback save for visits-, generally speaking.Yes most have crafted good living that could not be replicated if they went back.Worse, the fiber in the family tapestry that was sewn together to maintain family unity has been weakened.Families used to take care of your property till you came back.Today, you would be lucky if half of your property is still intact.
It is not uncommon to be referred to as an American when a Kenyan who lives in USA visits area code 254.
So without knowing the details of this story, it is easy to castigate the a son as evil,and ungrateful to him own mother.But I guarantee you if you listened to his side of the story,you might not be so hard on him.I could be wrong,but so often families at home expect too much from diaspora,simply because there exists some blood lineage.Partly it's the fault of some diapora who flaunt their wealth when they go there,taking advantage of the power of the dollar against the Shilling.It pays to humble one's self mindful that you could have easily been one of those you are showing off to.My two cents.
In 1980s Moi produced…
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In reply to Growing up I used to her… by Maxiley (not verified)
In 1980s Moi produced economic refugees. 90% of Kenyans in USA are economic refugees.
@Teacher liwe liwalo,parents…
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In reply to Growing up I used to her… by Maxiley (not verified)
@Teacher liwe liwalo,parents are special people to you,Toto,iPhone,Jemima or the Al Shabaab guys.I won’t judge but I wish Abel apologized to his mother whether he wronged her or not.
So @maxiley, how many Mzungu…
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In reply to Growing up I used to her… by Maxiley (not verified)
So @maxiley, how many Mzungu have tasted besides your Mexican El Chapo side kick??
You don’t have to type if…
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In reply to So @maxiley, how many Mzungu… by Mjomba (not verified)
You don’t have to type if you have nothing to write.
That's domestic issues
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That's domestic issues
I believe ABEL’S side of the…
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I believe ABEL’S side of the story! You go abroad, work day and night to support your families back home only to find out that more is still needed from you and your investments back home is nonexistent or misused by the same nuclear family!
I am not saying Shosh should be evicted, she should take the alternative safe home arrangements if it’s been made available for her and her daughter.
GG(Gatonga Gakîgu) is…
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In reply to I believe ABEL’S side of the… by GG (not verified)
GG(Gatonga Gakîgu) is misleading his equally or worse fool,Abel to continue mistreating his aged mother.But Abel will be cursed alone for his inhuman actions towards his mother.He might even die before his parents.
My Curious question is: Did…
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My Curious question is:
Did Abel Build the House by Himself, or by the Help of his Siblings and Girlfriend. *And what kind of Girlfriend or future Daughter-in-Law would Assault a Woman her (future) Mother-in-Law? Mlevi, mVuta banGhi, au mTumia maDawa za kuLevya??? ⚠Whatever the "Inside Story": Hii ni kuJiTafutia Laana; Curse!!!
If you are in the US, you…
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If you are in the US, you should know better by ensuring you document any projects done with family. That would have solved this issue and this would not be happening.
How in the hell do you evict…
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How in the hell do you evict your elderly mother!!!??? You deserve to rot in hell on earth!!! It doesn’t matter whether you build the house or not, your mother deserves better treatment!!!
I would never ever evict my…
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In reply to How in the hell do you evict… by Juju (not verified)
I would never ever evict my mother which makes me interested in understanding why the son is doing this. Families have become so difficult and probably all family members have ganged against him and he is now done done with his fam.
Do not ever trust those you…
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Do not ever trust those you left behind in Kenya to ever take care of your investment(s) back home. It will all end up miserably bad like in this situation with Shoshu, sister and Abel! It is a sad situation and I surely hope they can iron out the family matter out without resulting into physical fights with some huge mapangas. It is quite traditional for Shoshu to assume that the house belongs to her because she feels the “rich” son in America owes her for hopefully sending him to America. To Abel, please let it be and cut the loses to avoid some maternal traditional curses! The old lady still remains to be your mama! But, I surely feel sad for you Bro! A no win situation regardless of the outcome!
I believe Abel is the…
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I believe Abel is the rightful owner. He worked his ass off working double shifts. let him dictate his own property rights. Mom akae kando
One sided story. Should be…
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One sided story. Should be more specific on the number of Children who pooled their resources to purchase the one acre.
Abel anajiletea laana
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Abel anajiletea laana
Some of you don't know how…
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Some of you don't know how to read
"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"
In addition for the court to have ruled "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"
Means the other siblings provided evidence of their contribution.
Abel needs to have his head evaluated, if not he can refund the siblings contribution , time and effort
They are just extending or…
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In reply to Some of you don't know how… by Theonejiku (not verified)
They are just extending or rather connecting other related stories that's all...
This story has been written…
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This story has been written in a hurry? It doesn't read well. However, why in hell does Abel want to inherit a curse by disrespecting his aging mother like that? One would understand in the case of siblings and other relatives. But for aging parents or whatever age they would be at? It doesn't make sense.
Laana tu huyu kijana anajitafutia.
Bure kabisa!
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