A former presidential escort unit officer is seeking court orders to evict his son from his farm in Uasin Gishu County.
Stephen Kipkering Sugut filed a suit before the Eldoret High Court on November 24 against his son Simon Kiprop, who he said has illegally occupied his house.
In a notice of motion, Sugut, who served during retired President Daniel Moi’s regime, said his son had denied him access to his matrimonial home.
Sugut said his son had displaced him yet he had built a house for him in the 13.48 hectares piece of land referred to as LR 11304/2 in Moi’s Bridge and requested the court to evict him.
“Pending the hearing and determination of this application, the honourable court be pleased to issue a mandatory order of injunction directing the defendant, his family, agents and or servants to vacate from the applicant’s matrimonial house, failure to which they be evicted...” read part of the application by Sugut.
Sugut argues his son failed to build his own house even after being allocated a portion of land and has been cruel and inhumane to him.
“The respondent is one of my sons born of my wife Leah Chepchumba Sugut. I designated a place for him to build his house but he failed and I went ahead to build him a house but still he moved into my matrimonial house and has refused to vacate even after engaging him through clan committees,” stated Sugut in his sworn affidavit.
He further stated that Kiprop moved into his house with his family without his consent, explaining that his son’s actions are against the Nandi custom. He added that the clan had given Kiprop 90 days to vacate the house but he never heeded the directive.
The plaintiff told the court he was unwell and on a wheelchair and needed urgent intervention in the matter.
He also sought a temporary injunction to restrain the respondent from occupying, residing and or dealing in any manner with the house until the matter is concluded.
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But in his plaint, Kiprop stated that he stays in a separate house from that of his father and another one built for the plaintiff’s mother, saying the plaintiff moved out of the farm 15 years ago and deserted his family to cohabit with two other women after chasing away his mother.
“Subsequent to the desertion, the plaintiff abandoned and mistreated his family by locking the defendant’s mother out of the farm, exposing them to extreme suffering and breakdown...” read part of a plaint by Kiprop.
Through his lawyer Simon Lilan, Kiprop asked the court not to grant the injunctive orders sought by his father as he was quietly and peacefully enjoying their family property.
Justice Anthony Ombwayo declined to issue the orders sought by Sugut. Hearing is on April 3, 2017.