Woman, 90, wants son out of land

By PAUL MUTUA

Kitui, Kenya: A case in which a 90-year-old widow is seeking to block her son from taking her land was adjourned to next Tuesday.

Kitui acting Chief Magistrate Alfred Kibiru said he had allowed the defence’s application but warned the matter should be disposed in urgency, owing to the advanced age of the plaintiff. Kibiru fixed the hearing for March 18.

On Monday, Mrs Grace Mutinda sued her son, Fredrick Mikate Mutinda, a former Kitui civic leader, accusing him of alleged attempts to unlawfully seize her parcel of land situated at Mulango/Kavisuni area, Kitui County.

Hearing stalled

Yesterday, the hearing stalled after the defendant’s counsel, Kinyua Musyoki, failed to attend the court, but sent his colleague Mathenge Mwihia to represent him.

The plaintiff’s advocate, Morris Kimuli, said although he did not wish to oppose the adjournment application, it was necessary the matter be heard and determined without undue delay from the defendant’s side.

“My client, as you can see her here in court, is at an advanced age and distressed by the suit. I only can pray this honourable court to finalise it in reasonable time,” Kimuli urged the court.

A majority of members of the late Joel Mutinda Nguli’s family thronged the court to witness the proceedings.

On Monday, Kibiru certified the suit as urgent and granted interim orders restraining the former councillor from accessing or entering hismother’s land until the matter is heard and determined.

Kibiru said he had carefully considered the application by Kimuli to grant interim orders barring the defendant, his agents or associates from trespass.

He directed the inter-parties hearing to commence today.

The widow states that she is the registered owner of the land in question and that the defendant, without any reasonable cause, entered into her land and began putting up some structures.

Threats

“On January 30 this year, the defendant began some construction in (my land) and threatening me (the plaintiff) and other members of the family,” said Mrs Mutinda in her sworn affidavit.

But the defendant has countered the complainant’s suit, dismissing it as incompetent in law, an abuse of the court’s process and ill-advised.

Through Musyoki, the defendant asked the court to reject the suit with costs since “it is not based on any sound legal reasons”.

“I deny the allegations in paragraph 3 of the plaint and wish to state that the parcel of land in question is registered in the name of the late Joel Mutinda Nguli (my father) and Katuti Mutinda (my mother).

“I have been living in the suit land since 1992, a period of 24 years,” said the defendant in his affidavit.

On Tuesday, Mrs Mutinda was helped out of the Kitui law courts by her son Kasamba Mutinda and daughter Gladys Ngandu after the hearing of the case that has drawn interest among Kitui residents.