15 November 2018

Kenya: Reverend Njoya in Bid to Evict Woman From Dead Father's Land

Retired cleric Reverend Timothy Njoya is seeking an injunction against a woman, who he says claims to his stepmother, to remove her from a parcel owned by his dead father.

In documents filed in a Nyeri court, Rev Njoya said that Ms Mary Wangui Maina is a trespasser in the four acre land in Mukurweini Constituency.

He said he is the registered proprietor of the property following a certificate of confirmation of grant issued by the High Court in Nairobi in 2004.

Initially, the land was registered in the name of his father, Njoya son of Murere, who died in 1996 aged 88 years. He produced in court a copy of the land's title deed.

In his statement, Mr Njoya said Ms Wangui was his father's house maid and not a wife. He also said he was not related to Ms Wangui's four children.

The statement was filed before Senior Principal Magistrate Phillip Mutua on Thursday through Kamau Kuria Advocates.

Mr Njoya explained that Ms Wangui's services as a maid were terminated in 1990 following a discovery that his father had prostate cancer and needed special medical care.

Ms Wangui was unable to provide such care and her services were terminated, Rev Njoya said.

But several months after his father died, Ms Wangui built a residential hut on the land.

His effort to sell the parcel to Thika Coffee Mills Ltd in 2005 was thwarted after Ms Wangui opposed the transfer.

"I was then served with her application for revocation of grant in May 2005 and learned that she was claiming to be a widow of my father and that she wanted to inherit it belatedly as it were," said Mr Njoya.

Ms Wangui claimed she had been given land by Rev Njoya's father.

"That was a lie. The board decided not to consider and requested me and her to resolve the dispute between us in a court of law," Rev Njoya said.

A lower court on April 28, 2005 directed Ms Wangui and her family to move out of the land.

But Ms Wangui, in her court documents, insisted she was the wife of the dead man having entered into cohabitation with him in 1977 and were living together as husband and wife until his death on January 2, 1996.

Muhito village chief issued them with a certificate confirming the union, she said.


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