A Kenyan living in the UK is requesting that the court orders his aunt out of a family home in Uthiru, Kiambu, which he claims belongs to his deceased father.
Raoul Muchene has filed a lawsuit against his aunt Rachael Mwaura, alleging that she is trying to illegally claim his inheritance.
On Thursday, Mwaura testified before Justice Mboya saying that her late father Caxton Mukiri, bequeathed her the house in question.
She did, however, note that the land indeed belonged to Raoul’s father.
The primary point of contention is the former family home where she moved more than 40 years ago following her divorce.
Mwaura testified during cross-examination by Raoul’s attorney Danstan Omari that she overheard her father telling her brother to let her stay in the family home.
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She did, however, claim that she could not recall the exact moment her father made the statement.
Ms Mwaura also told the court that she has other properties given to her by her father which she had turned into both business and residential buildings.
She said in her testimony that she had never met Raoul, 45, until he traveled to Kenya to provide a witness statement last year.
According to court records, his late grandpa gave the aforementioned property to his late father Godfrey Muchene in 1988, and his father then conveyed the land to him.
Before he passed away in 2007, it is said that Raoul’s grandfather gave five plots of land to each of his children.
Raoul claimed that his aunt was given permission to return and temporarily reside at the family home with her kids as she got ready to develop the portion of the family property that her father had given her.
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He claimed that because his father lived and worked in the UK and had no urgent plans to develop the aforementioned property, he permitted his aunt to remain on the property.
Raoul said that Ms Mwaura took advantage of his absence and has erected commercial and residential buildings for rental reasons on the land left behind by his father.
He also testified that she has sold a portion of the land.
He said that his aunt’s refusal to leave has put a stop to efforts to regain the property and develop it.
Raoul said that despite still residing on the disputed land, the aunt continues to benefit from his property, which she has developed.
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