Court asked to deny man his mother’s land

By PAUL MUTUA

Kitui, Kenya: A 90-year old widow stunned a Kitui Court when she said that it would be an abomination if her son was allowed to take her land without her blessings.

Yesterday, Grace Katuti Mutinda testified that it was against her wish that her son, a former civic leader, Mr Fredrick Mikate, would occupy a piece of land at her homestead measuring 5.12 hectares.

The widow narrated before Kitui Acting Chief Magistrate Alfred Kibiru that she was the registered owner of land no. Mulango/Kavisuni/1304, and that her son, without justification had encroached on her land.

Late husband

Cross examined by her lawyer Morris Kimuli, Mrs Mutinda said her son defied her and her late husband Joel Mutinda Nguli when he went ahead and build some small structures on the disputed parcel some 24 years ago.

“I have never consented to my son’s wish to occupy any inch of my land at my homestead. If this court dismisses my plea to restrain him from having the land, it will be a disgrace to me and it is better for me to leave instead,” said the widow tearfully.

In another cross examination by the defendant’s counsel Kinyua Musyoki, Mrs Mutinda said her son was warned by his late father of dire consequences if he disobeyed his desire and refused to move to his own piece of land, which was allocated to him elsewhere.

Widow’s daughter

The aged woman said the defendant has remained obstinate hence necessitating this course of action and urged the court to permanently stop him from interfering with her property.

Musyoki further sought to know from the widow’s daughter Syombua Chambi why she was igniting the feud between her mother and her brother by demanding Mikate be locked out of the disputed land.

Mrs Chambi termed the defendant’s claims as far-fetched and maintained she only pursued the interests of her aged mother to avoid severe repercussions.

The Magistrate who has certified the suit as urgent owing to the advanced age of the plaintiff ordered the inter-party hearing to continue Thursday.