Mother, son battle for ex-Nyeri MP’s property

The son of a former Nyeri MP wants the High Court to allow him to buy a portion of the family land that is at the centre of a conflict between him and his mother.

Andrew Wairagu Kiboi, the son of Joseph Kiboi Theuri who served as the MP for Nyeri Constituency between 1964 and 1969, has requested to buy the 6.5-acre land in Mweiga in exchange for Sh9 million to clear his mother’s bank loan.

Mr Kiboi has been engaged in a land tussle with his mother, Ann Wanjiku Kiboi, over a Sh500 million family property.

Mr Kiboi sued his mother for evicting him from a house owned by his late father and for attempting to sell part of the 77-acre piece of land in Mweiga.

Mrs Kiboi had sought to sell 6.5 acres of the family land to pay a Sh 13 million loan owed to Equity Bank. She is arguing that she owns the land and has the right to sell it.

The court told Mr Kiboi to explain why his mother should not be allowed to sell a portion of the land to enable her clear the Sh 9.9 million outstanding loan.

Thursday, Mr Kiboi through lawyer Muthui Kimani, asked Justice Lucy Waithaka that he be allowed 30 days to pay off his mother’s loan in order to retain the land as his property.

“I would wish to be allowed by the court to deposit the amount of the loan balance in Equity Bank, and in consideration of repaying that said loan, I be allowed to purchase the  suit land at a total of the sum of Sh 9 million or alternative sum equivalent to the outstanding loan balance,” Mr Kiboi told the court.

Mrs Kiboi’s lawyer Lucy Mwai, however, told the court her client could not agree with Mr Kiboi’s intentions to pay the loan balance in exchange for the 6.5 acres of land because the value of the land could be slightly higher than the outstanding loan.

Mr Kiboi is arguing that he is entitled to 15.52 acres of the land as his share as indicated in his father’s will.

Justice Waithaka ordered the two lawyers to have the bank give a valuation of the 6.5 acres of land. The case will be mentioned on November 16.

SOURCE: BUSINESS DAILY