Succ Cause No. 1982 of 2012 Estate of Pius Wambua
Mary Nduku Mutisia has a reason to smile again after receiving a positive judgment from the high court of Kenya Family division in Nairobi directing her to returned back to her house where she was forcefully evicted and that the OCPD and Chief Kajiado to provide her security.
The 63 year old and a widowed mother of 5 was assaulted and forcefully evicted from her 14.9 acres land that they purchased together with her late son at Ole- pelelengo village, Erankau Sublocation, Ilmungush Kajiado county.
After the death of her son in November 2012, Sarah Beth purported that she was married to Mary’s son under the Kamba customary law and thereafter proceeded court to claim the deceased properties. Sarah together with her agents carried and sold the deceased properties including misappropriating and misusing the deceased’s property rendering the destitute old mother homeless even before the courts ruling.
According to Marry, Sarah Beth did not get married to her son and that she was a total stranger not only to her but also to her entire family and relatives. She only recognized his son’s fiancée whom he had introduced to the family.
Marry encounter with Kituo
In her quest for justice, Mary frequently visited the high court of Kenya to get assisted on her case even before her scheduled dates for hearings. She went to the courts without a lawyer and written documents since she could not afford to pay for these legal services. This made it hard for the judges to understand her case. She was then specifically referred to Kituo Cha Sheria by Justice Lydia A. Achode who is well informed about Kituo.
John Mwariri, Kituo advocate for four years represented Mary until the court’s decision that was ruled in her favor based on lack of proof to show that Sarah was the real wife to Mary’s son.