Son of deceased security chief evicted by mother

The son of former Presidential Escort Commandant Charles Kimurgor has been forced to live in a makeshift tent by the road after his mother evicted him from the family house.

This is after police officers led by Kapsoya Police Post OCS Albert Kipchumba raided the home on Friday morning and threw Ibrahim Hussein Kimurgor's belongings out of his house, citing a directive by the High Court that had issued an eviction order.

Ibrahim and his mother Hellen Cherono have been embroiled in a long battle of succession regarding the family property valued at over Sh50 million since Mr Kimurgor's death in 2005.

"I was in the UK for eight years and shortly after returning, my father passed on. That was when they began selling the family property impulsively, which I opposed," said Ibrahim, leaning on a fridge that had been removed from his house along the Eldoret-Elgeyo border road.

In a sworn affidavit seen by The Standard, Mrs Cherono filed an application in the High Court in 2006, seeking to have Ibrahim prohibited from taking possession of or having control over, or meddling in the estate of her deceased husband.

However, the legal document showed the prayers by the petitioner (Cherono) excluded the prohibition of Ibrahim from the family homestead and even access and usage of machinery on Parcel No. Uasin Gishu/Illula/3.

Cherono also sought to have Ibrahim barred from developing the property and visiting her homestead as long as she was alive, unless accompanied by an older family member.

Final orders

When the matter was presented to court on December 4, 2013, it was directed by Justice William Musyoka that the respondent be restricted from visiting the applicant's homestead until the matter was heard and determined. On December 18, 2013, final orders on visiting the petitioner's matrimonial home were issued.

In a different application, Cherono sought an eviction order to kick her son out of her matrimonial home in an affidavit sworn on September 1, 2014. According to documents, the application was presented in the High Court on October 3, 2014, and the court granted the orders of eviction on December 18, 2014.

The court further directed Ibrahim's eviction by auctioneers, giving Kapsoya Police Post or OCS to provide security or help effect the order.

Court session

However, Ibrahim said the legal documents issued to him were fabricated by his mother because they never attended any court session. He added the documents had numerous irregularities and accused his mother of colluding with bailiffs and the police to chase him from their home.

"I went to court to clarify the first orders prohibiting my access to the homestead and was told they were non-existent. That is why she came up with the second application, which has clear irregularities," said Ibrahim.

The court orders seen by The Standard raised queries over their validity. For instance, one ruled on December 18, 2014, and used to evict Ibrahim, had no official court stamp or seal.

Efforts to reach Cherono for comment were fruitlless as security personnel at the gate of her homestead barred access, saying she did not want to speak to the Press.