Son in the US Seeks to Evict Wheelchair-Bound Mother, 75, from Nakuru Home Amid Family Rift
In her twilight years, Ms. Esther Nyaruri’s blessings have become her burden as she finds herself embroiled in a property dispute with her son.
The mother of seven is now forced to squat in the home she’s lived in for 20 years, protected by a court order that prevents her son, Abel Hayora Nyaruri, from evicting her from the matrimonial property.
What once seemed like progress now threatens to tear the family apart, as Abel, the youngest son, has risen against his kin, claiming ownership of the property.
For the past four years, this ailing, wheelchair-bound mother has endured both physical and verbal abuse from her son, coupled with disrespect from his associates.
Reflecting on the past two decades, Ms. Nyaruri never imagined her family would face such turmoil.
After marrying her beloved husband, Jason Nyaruri, they were blessed with seven children—five daughters and two sons.
As the children grew older, they were fortunate to secure visas to move to the United States, with six eventually relocating.
In gratitude for their upbringing, the children pooled resources to improve their parents’ lives.
In 2002, they bought an acre of land in Ngata, Nakuru, and built a permanent house for the family.
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It was a joyous moment when the parents were relocated from the Rhonda slums to a bungalow between 2002 and 2003.
In 2005, the children invited their mother to join them in the U.S., followed by their father four years later.
Their daughter, Beatrice Bonchere, stayed behind to care for the family home, where she lived with her children.
However, trouble began in 2016 when Abel returned to Kenya, demanding the original documents for the purchased land.
He claimed there were errors in the documents that needed correction at the lands office.
Abroad then, the father advised Ms. Bonchere to hand the documents over to Abel.
Everything seemed fine until 2020 when Ms. Bonchere, who was working in Nairobi, returned to Nakuru only to find herself barred from entering the family residence.
Ms. Bonchere found a man at the property, claiming to have been hired by Abel as the caretaker, with strict orders to deny entry to anyone.
“I informed my father of the situation. He called Abel, who insisted he was the rightful owner of the property and refused access to anyone. My father then instructed me to check the land’s status at the lands office,” Ms. Bonchere explained.
They were shocked to discover that the title deed, originally in the father’s name, had been transferred to Abel Nyaruri.
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This led the father to immediately file a lawsuit in the Environment and Lands Court.
On November 18, 2020, the court ruled to maintain the status quo, allowing the parents and other siblings to remain in the main house while Abel could use the farm.
“Both parties are to maintain the status quo where the applicant retains possession and use of the main house, and the defendant continues to use the land until the case is resolved,” ruled Justice John Mutungi.
However, the interpretation of the court order became a point of contention, with each party offering a different understanding.
Ms. Bonchere accused her brother of defying the court orders by bringing people to live in the servant’s quarters, occupying every available space, making it difficult for the family to access the house.
“On several occasions, Abel and his girlfriend have assaulted me and my mother, trying to evict us from the house. They’ve destroyed property and even attempted to demolish the house. We’ve reported these incidents to the police in Menengai, but no action has been taken,” Ms. Bonchere stated.
The family initiated contempt of court proceedings against Abel, resulting in his conviction and sentencing twice, but he managed to pay fines of Sh600,000 and Sh200,000 to secure his release.
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Rongai Sub-County Police Commander Wilberforce Sicharani, in a report to the Nakuru County police commander, blamed the Office of the Director of Public Prosecutions (ODPP) for withholding files on Abel’s cases.
Mr. Sicharani claimed the ODPP requested at least three case files involving Abel for review without providing any feedback.
“The ODPP’s decision on the inquiries under review will guide the police on the next steps,” Mr. Sicharani stated in his report dated January 12, 2024.
In a response dated April 30, 2024, the ODPP directed the police to arrest and charge Abel with malicious destruction of property.
“It’s evident that the suspect unlawfully invaded the complainant’s home, stole, and destroyed properties worth millions. We recommend that the suspect be arrested and charged as per the investigating officer’s findings,” the ODPP advised.
However, Abel has yet to be arrested, reportedly being out of the country.
In response to the pending court case, Abel claimed ownership of the property, asserting that he “single-handedly” funded its purchase and construction.
He told the court that his father maliciously attempted to register the property in his name, despite lacking the financial means to purchase the land or build the house.
Abel argued that he was the one who facilitated his family’s move to the U.S., having secured the opportunity first.
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He also claimed to have supported his family’s settlement in the U.S. and covered his parents’ medical expenses abroad.
“The plaintiff neither purchased the land nor owns it. He never built any house on the property, as he lacked the means to do so. The plaintiff has been financially dependent on me both before and after I acquired the property,” Abel stated.
Now, the mother fears her son no longer wishes to see or hear from her.
“I don’t know what happened to my son. I don’t know if it’s the money that’s driving him away from the family, but I want him to remember that I am his mother, and I pray he returns to the son he once was,” Ms. Nyaruri expressed.
Son in the US Seeks to Evict Wheelchair-Bound Mother, 75, from Nakuru Home Amid Family Rift
