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A man claims that his son, step-daughter and a politician from Ukambani are planning to take his property, a claim the MCA dismissed as “upuzi”.
Antony Mwenga Mavua, 69, told The Nairobian that he even visited Rwanda to seek asylum after realising that his life was in danger. He claims that his son Pius Mutua Mwenga, step-daughter Magdalene Mukami Mwenga and Joseph Kalunde, the MCA of Mutituni/Ngelani ward in Machakos County, secretly buried his wife who died on December 19, 2015.
The body of Jedidah Wamaitha Kinyanjui — the mother of his three children — had been lying at Machakos Funeral Home until the three took it.
He says his wife might have died of lung cancer because of her excessive smoking. Mavua sired three children with her, namely Anastacia Kalondu, Mathew Mwenga and Pius Mutua.
In the affidavit, he further claims his son and step-daughter together with the MCA placed her obituary in newspapers without mentioning him as their father.
Mavua had put a court order barring her burial until the trio handed over a title deed of land which occupies his matrimonial home parcel No. Mitaboni/Mutituni/1753.
In court documents filed at the Machakos Chief Magistrate’s Court, Mavua says he married Jedidah in 1956, bought the land and planted coffee and bought cattle.
“I was living in the house until 1978, when I was transferred by the government to Kilifi County while working as pharmacist, and left my wife in charge of the homestead,” says Mavua.
He adds in his affidavit: “It is while returning to my home after retirement in 1993 that I found out that my wife had sold all the cattle and abandoned the coffee plantation.”
He says he received a letter from one of his son’s in-law written by his wife saying he would be arrested if he tried accessing the homestead, arguing he had abandoned her.
Mavua denies abandoning his wife and children claiming he only was transferred to Kilifi and even educated his children up to ‘A’level.
Mavua sued his son Pius Mutua Mwenga at the Machakos High Court in 2013 demanding the title deed. “It is Pius and Magdalene, who got married to Kalunde that are harassing and tormenting me,” says Mavua.
His case was dismissed with costs by Principal Magistrate C.A. Ocharo on August 5, 2016 and “...the plaintiff shall cater for the mortuary expenses now totalling to Sh118,000 as at 05/08/16 and burial expenses incurred as at 22/12/15 for Sh122,860. The injunction granted to the plaintiff on 31/03/2016 is hereby discharged forthwith,” reads the decree in part.
Mavua was to have paid Sh302,245 seven days after he was served the decree on September 9, 2016 and it’s this amount that has seen him sleeping in undisclosed locations for fear or arrest.
“There was a time we were given four days by the court to go sit down and dialogue over the issue with Bishop Anthony Makau of Catholic Church Mutituni being the chair of the meeting and report back to court. The MCA refused to come and the meeting was dissolved prematurely when I demanded the title deed,” says Mavua.
Contacted by The Nairobian, MCA Joseph Kalunde denied threatening Mavua or wanting to sell his land. “How can I kill him, I can’t do that. Hio ni upuzi na uwongo. It is him who wants the land to be transferred to him, sell it, vanish and leave the children with nothing,” claimed Kalunde on phone, adding that “The matrimonial land in Machakos was bought by his late wife and one of his son’s name written on the title deed. It belongs to his son and not Mavua.”
The MCA blames Mavua for living in Kilifi for 35 years and forgetting his family in Machakos.
