Former MP’s wife and son battle for Sh500m estate

The driveway leading into the residence of the former Nyeri Town MP Joseph Kiboi Theuri. The property valued at Sh500 million is at the centre of a tussle pitting a son against his mother. [PHOTO: MOSE SAMMY/STANDARD]

The widow of former Nyeri MP Joseph Kiboi Theuri and her son are tussling over a Sh500 million property.

Andrew Wairagu Kiboi sued his mother, Ann Wanjiku, for evicting him from a house belonging to his father.

Mr Wairugu alleged that his mother had started the process of selling part of the 77.61 acres in Mweiga, owned by the family.

Land and Environment Court Judge Lucy Waithaka had initially ruled that the widow could not sell any part of the family land without the consent of all her children.

Ms Wanjiku, through lawyer Lucy Mwai, had last year made an application to be allowed to sell 6.5 acres valued at Sh41 million.

This, the widow informed the court, was to enable her offset a loan balance amounting to Sh14 million advanced to her by Equity Bank.

"If you want to sell part of the family land, it must be as agreed by all your children and not some of them," Lady Justice Waithaka had ruled.

The judge, however, directed Wairagu to show cause why the said land should not be sold to offset the outstanding loan.

Wairagu, through lawyer Muthui Kimani, told the court that he wished to be allowed to purchase the land his mother was intending to dispose of by depositing Sh9 million to offset the loan.

"I want to be allowed to purchase the 6.5 acres of the suit land at a total sum of Sh9 million or alternative sum equivalent to the outstanding loan balance," the son pleaded in court.

Ms Mwai had last week expressed concern that the loan advanced to the widow had been in arrears for quite some time.

She accused Wairagu of trying to take his mother hostage, by rejecting her prayer to dispose off the land.

"The plaintiff has not demonstrated how he will suffer prejudice if the defendant goes ahead to dispose the property," Mwai told the court.

Wairagu had claimed his mother evicted him from the family land in December last year after he opposed her attempts to sell the land.

The widow moved to court in Nyeri in 2003 and filed a succession case over the said land. According to her son, his father expressed in his will that the parcel be subdivided among his five children.

In the succession process, the children agreed to register the land in the name of their mother as the proprietor to hold it in trust for all of them.

They later agreed to subdivide the land into six portions for themselves and their mother. The case is still pending in court.