Court grants six siblings access to family home after bitter legal battle

The High Court in Nakuru has granted six siblings access to their family home after a nine-year land dispute.

Justice Heston Nyaga granted the six siblings access to their parent’s home at Kiungururia farm in Gilgil constituency.

Their parents the late Daniel Kairu Kimani who died in 2011, and the late Mary who succumbed to illness in 2015, left behind property in Kiambu and Nakuru counties estimated at Sh40 million.

“The parties’ home is of sentimental, personal, and cultural value. This is where they grew up, their roots. It would not be to drive all of them away and leave just one person to live in it,” Justice Nyaga ruled.

The court observed that other siblings are unable to access their parents' graveside, which might be worse if the same place is left to one beneficiary.

The eldest daughter Faith Kairu and the youngest son Timothy Kairu moved to court to challenge the appointment of their siblings Benson Kairu and Monicah Kairu as administrators of the estate. 

Timothy claimed that the home was gifted to him by his late father in 2001 during his wedding as per Kikuyu customs, and has been living there for the past nine years after the demise of their mother.

The court noted that Edith was living with their late mother in the family home but was unceremoniously evicted by Timothy.

The siblings accused Timothy of instructing tenants at Langalanga not to pay rent into a joint account they held together but into a different account for which he was a sole signatory.

Faith alleged that she transferred her father’s car in 2017 on the grounds that she owned it, even before his demise.

Monica told court that they could not access their parents' graveyard and where their late brother is buried after Timothy refused to allow them into the home.

The court agreed that the portion of the land that had the parent's matrimonial home and gravesides should be set aside and held in trust for the entire family.

Justice Nyaga ordered that the estate be distributed with all beneficiaries entitled to equal share.

“Faith to account for the sale of a motor vehicle and in default Sh100,000 being the stated approximate value of the vehicle to be deducted from her share of proceeds,” the Judge ordered.

He ordered Timothy to account for all the rent collected from December 2023 and in default the same be deducted from his share of the proceeds of the estate sale.

The administrators were given 180 days to distribute the estate.