85-year-old Woman may be evicted by son in six-year land dispute

Taplule Mosonik at her home in Silanga village, Sotik Constituency. Taplule may be evicted from this land after she lost a case she had filed against her eldest son. [Photo: Nikko Tanui/Standard]

An 85-year-old woman faces eviction after a court dismissed a case she had filed against her son.

Taplule Mosonik took her eldest son Kipkemoi Mosonik to court six years ago for sub-dividing a piece of land in Silanga village in Sotik constituency of which she claims ownership.

Ms Taplule and her other son Joseph Mosonik, claimed that by way of trust they had contributed to the purchase of the land registered under Mr Kipkemoi.

On Friday, an Environment and Land court ruled that the woman had no right to a share of the 21-acre land she claimed she had jointly bought with her two sons in 1970.

Taplule and Joseph told the court the land was registered in Kipkemoi's name since at the time of purchase, they did not have identity cards.

"Since I am disabled, I gave the land to my first-born son in the hope that he would take care of me and to hold the land in trust for us. But I am now under the threat of eviction as he has commenced selling portions of the land," she told Justice Munyao Sila.

She told the court that whereas she contributed Sh2,600, her eldest son gave Sh1,900 while Joseph contributed Sh1,500 for the purchase of the land known as Kericho/Kaitit/371.

But in 1995, Kipkemoi subdivided the land into three portions; Kericho/ Kaitit/930, 931 and 932 without consent of the family, Joseph said.

But Kipkemoi denied that he held the property in trust.

"My mother and brother did not contribute for the purchase of the land. I paid a total of Sh6,000 for the land using my own money. Upon payment, I was issued with a share certificate and a title deed for the land," he said.

Kipkemoi said his mother and brother were members of the Kaitit Ranching Farmers' Society and that each was allocated other pieces of land commensurate to their financial contributions.

Taplule wanted the court to order the subdivision of parcel No 371 between the three. In his judgement, Munyao said this was not possible as since it doesn't exist as it was subdivided into parcel numbers Kericho/Kaitit/930, 931 and 932 some 21 years ago.

"Out of these three divisions, the land parcel No.932 has already been sold and the proprietor thereof, one Paul Rotich, was never sued in these proceedings. I cannot see how I can proceed to affect the title of Mr Rotich, given that he was not party to this suit," the Judge said.

Munyao said there was no evidence to show that Taplule and Joseph gave Kipkemoi money to buy the land.

"When a party alleges trust, clear evidence of the same must be tabled. It will require special circumstances for a court to hold that there is trust on mere oral allegations that one exists," he said Justice Munyao.

Taplule and her youngest son will now have to settle the costs of the case.

Yesterday, the aggrieved family said they would move to the Court of Appeal.

"I ran to the court thinking I would get justice, the court has done the same as my first-born son who though I nearly died giving birth to, now holds me at an arm's length. God is watching. I am going to appeal and I pray that this time round, the Judiciary will listen to me," said Taplule.