A woman has sued her 97-year-old ailing mother over alleged trespassing on a commercial building at the Baricho market in Kirinyaga County.
On Wednesday, relatives and a curious public thronged the Baricho courthouse in Ndia constituency to witness the legal battle between Ms Sabena Wairimu and her daughter, Ms Mary Nguru, with orderlies having a hard time controlling the crowd.
Ms Nguru wants the court to restrain her mother, who uses a wheelchair, from trespassing on the premises or harassing her tenants.
In her sworn affidavit, Ms Nguru claims that she is the rightful owner of the disputed property and has been making prompt payments of electricity and water bills to the relevant offices.
She also said she has been paying the required rates to the Kirinyaga County government.
Ms Wairimu, who has been sued jointly with her other six children, has been in court for this case since the civil suit was filed in 2015.
Court papers show that Ms Nguru said her mother and her co-accused trespassed on the property without her consent and incited her tenants to stop making rent payments to her, claiming she was not the rightful owner.
The respondents also allegedly issued eviction notices to some of the tenants and broke some of the locked toilet doors.
“I stand to suffer irreparable loss and damages if the defendants are not hereby restricted,” Ms Nguru said in her affidavit.
Ms Nguru, represented by lawyer Francis Omenya, urged the court to allow her application and stop what she called unlawful acts.
But in her defence, Ms Wairimu denied that she had trespassed on anyone’s property.
She insisted that she co-owns the disputed property with her late husband Cyprian Kimanjui and that she has not transferred her shares to her daughter or any other third party.
“I wish to reiterate that the suit property does not belong to the plaintiff and falls within the estate of my deceased husband, which estate is subject to the process of succession,” Ms Wairimu said.
Ms Wairimu is being represented by lawyer Irene Wanjiru.
When the case came up for hearing on Wednesday, Ms Nguru’s lawyer applied to have it adjourned so that it could be consolidated with a similar one pending in a Kerugoya court.
Senior Principal Magistrate David Ireri allowed the application and ordered that the case be mentioned on May 11.