Kibor's widow claims she is on the verge of eviction

Eunita Chilimo, the fourth wife of the late Jackson Kibor answers questions at the Eldoret High Court Uasin Gishu County. [Peter Ochieng, Standard]

Eunitah Kibor, a widow of the late businessman and politician Jackson Kibor, has moved to court claiming her step-children want to evict her from her matrimonial residence, and other homes.

In an application filed under a certificate of urgency before Justice Reuben Nyakundi, Eunitah, through her advocates, claimed her step-children have acted in breach of an active court order restraining any of the beneficiaries from meddling with the estate.

She accused the step-children led by Kibor's eldest son Philip Kibor, Magdalene, Betty, Loise, Samwel, David, Albert and Stephen of contempt of court by interfering with three parcels of land that are part of the estate in their bid to evict her and her four children.

Eunitah, who is Kibor's fourth widow, claimed that three months after her husband's burial, her step-children unlawfully evicted her and her children from her Kabenes matrimonial home.

"After Kibor's death, my children's fundamental rights and freedom have been grossly violated, infringed, and threatened. They have suffered acts of violence, torture, abuse, cruel, inhuman or degrading treatment at the hands of the respondents on their own, or through individuals acting on their behalf," she said.

She told Justice Nyakundi that her firstborn son, who studies at a university in Sydney, Australia, was forced to travel back home after he got news of his family's intended eviction.

She further accused the respondents of threatening her and freezing bank accounts that held funds meant for her children's maintenance, thus making it difficult for her to provide basic needs for her children.

"The first, second and third units have entered into an unholy matrimony with one sole intention to abuse, torture, intimidate, assault, render destitute and commit all manner of human right violations and constitutional infringements against Eunitah Kibor and her minor children," read the court papers.

Eunitah's advocate Wilson Kalya told the court that Kibor catered for his client's four children with rental proceeds generated from his rental units in Eldoret, farming activities in Mafuta farm measuring 143 hectares, and from other farms measuring an estimated 1,600 acres in Kabenes.

Kalya claimed that Kibor's eight children have been collecting and pocketing rental income instead of channelling it to existing bank accounts.

"The court directed in its order issued on November 19, 2022 that no intermeddling of the rentable quantum from the tenants shall be deposited in any other account save only with the decree by the deceased during his lifetime," Kalya said.

Eunitah claimed that she and her four children occupied 100 acres in Kabenes, and 300 acres in Mafuta farm.

Apart from the listed properties, Eunitah said she is also occupying three prime plots in the outskirts of Eldoret town.

Eunitah wants the court to review its preservation orders issued in November 2022 to specify the land each household currently occupies, saying doing so will protect her and her children.

Justice Nyakundi extended the preservation orders until the case comes up for further hearing.

In a rejoinder, the respondents led by Philip dismissed the allegations as untrue and meant to tarnish their names.

They argued that Eunitah is the one who has been interfering with the estate by selling vehicles and farm implements like tractors in disregard of the court order.

The respondents also claimed that the widow has been pocketing rental income amounting to more than Sh100 million instead of channeling the same to the estate.

Kibor died at the age of 88 on March 16, 2022, at St Luke's Hospital in Eldoret. According to the death certificate in court, the farmer died of cardiorespiratory failure. His remains were interred on April 1, next to his first wife at his Kabenes home.

The hearing continues on May 20.