Former Fafi MP accused of seeking to evict brother from father's property

Former Fafi MP Abdikarim Osman Mohamed has been accused of seeking to evict his brother Siyat Osman Mohamed from their deceased father’s property.

The matter at the Kadhi’s Court is part of the legal battles facing the former legislator in a battle for his Osman Mohamed Ali’s estate.

Ali left behind 21 children from his two wives, Mumina Osman Lohos and Ishia Bille Rage.

One of his brothers, Mohamud Osman Mohamed sued him seeking to stop the alleged eviction of Siyat.

He argues that Abdikarim is a man of means and capable of actualizing his evil plans and threats against Siyat.

“The respondent, who is a son and beneficiary to the estate of Osman Mohamed Ali (the departed), is constantly threatening and family of Siyat Osman Mohamed, also a son and beneficiary with eviction from the plot known as Block 102/367, located in Nairobi County, South C.”

Abdikarim, through Miyare and Company advocates said that he would not reply to a suit since the succession matter at the Kadhi’s court was not yet concluded.

He added that he was opposed to the case.

At the Magistrate’s Court, Mohamud is fighting Maansai Property Investments, a company that together with Abdikarim, they had appointed to collect on their behalf.

According to court papers, Mohamud, who is the administrator of his father’s estate, accused  Maansai of breaching their agreement.

Maansai was supposed to collect rent on their behalf and keep 10 per cent commission, but he alleged it had refused to deposit the balance into a bank account.

The agreement signed in November 2024 was to be in place for a period of five years and six months.

It further states that once Maansai had collected rent, it was supposed to deposit the same by the 10th of the following month.

Maansai was to take care of tenant complaints and repairs and account for all money used on the property.

The property in question is three plots in Garissa town, Bulla Khalifa area, near Sunshine Primary, another near Noor Raham Mosque, where Al Jazeera hospital stands.

In his affidavit, Mohamud said that the agreement was between him, Abdikarim and Maansai and that the company collected and remitted Sh486,292 for November 2024.

He said that Maansai did not remit anything for December 2024, hence the termination of their agreement in January 13, 2025.

“That, despite terminating our agreement, the respondent continues to unlawfully collect and withhold rent, and to threaten the tenants with eviction without any justifiable cause.”

He added, “That the respondent has hired a gang of goons that he uses to intimidate and harass tenants into submission.”

He wanted the company to pay damages amounting to Sh540 million.

In their response, Maansai contested the jurisdiction of the court to hear the case.

It accused Mohamud of wanting to benefit from his late father’s property at the expense of his two widows and 21 siblings.

In seeking to have the matter dismissed, the company further accused Mohamud of intermeddling with the estate of his father.

It said that there has not been any succession in regard to the estate of Ali Osman and that Mohamud had not obtained a grant of representation.

The succession matter is still at the Garissa Kadhi’s court.

The company further argued that Mohamud sued them without the express authority of his brother Abdikarim, yet they are they entered into the agreement with Maansai jointly.

Maansai’s director, Abdullahi Bashir Debuk, in his affidavit in opposition to the suit, argued that the Magistrate court did not have jurisdiction to hear the case since the property in question was worth over Sh100 million.

After the filing of the case, Mohamud claimed that Maansai went after him by lodging fictitious criminal complaints against him at the Garissa Police Station in an attempt to intimidate him.

One of those complaints is now a court case; Mohamud is accused of assaulting Maansai’s director Debuk, causing bodily harm at Hillac Building in Garissa town.

He said that another complaint led to his arrest on June 10, 2025, and he was freed on a personal bond with the Officer Commanding Garissa Police Station, assuring him it would be pursued since it is a civil dispute.

“That the continued unlawful withholding of the rent collected amounts to intermeddling unjustifiably denied the 24 beneficiaries of the late Osman Mohamed Ali a livelihood, thereby rendering them destitute,” he said in his affidavit.

In his ruling, Garissa Principal Magistrate Jackson Omwange said that the court had jurisdiction to hear the case since it arose from a contractual dispute where one party did not honor an agreement.

He added that Mohamud had proved that he was the administrator.

“The plaintiff has exhibited letter of administration ad litem. Whether they were procedurally issued is a matter to be tested at trial. At this interlocutory stage, they confer prima facie authority to bring this action,” said the Magistrate.

He found that Mohamud had demonstrated the existence of an agreement for rent collection on condition that Maansai keeps 10 per cent and if he did not issue the orders that Mohamud sought, then his father’s family would suffer.

In the end, he barred Mansai from collecting rent, evicting or interfering with tenants of the properties and to render a full and true account of rent collected.