ELDORET, Kenya — A family land dispute spilled into the Eldoret Law Courts after a man was accused of refusing to vacate his younger brother’s matrimonial home and allegedly threatening his sister-in-law.
The case, heard before Principal Magistrate Beatrice Toroitich, exposed deep divisions within a family over the ownership and occupation of land in Kiptimet village, Ainabkoi Sub-county, Uasin Gishu County.
The complainant, Nancy Kigen, a nurse attached to the Rift Valley Technical Training Institute (RVTTI), told the court that her brother-in-law, Peter Kigen, had taken over the house she built with her husband, Daudi Kigen, forcing them to live in fear.
Nancy alleged that the accused had chased her away while armed with a machete and was attempting to disinherit her family despite having his own homestead on a section of the family land.
She further claimed that Peter had cut down mature trees on the disputed property despite a court order directing him to maintain peace and refrain from interfering with the land while the matter remains before the court.
The court heard that Nancy and her husband had previously assisted Peter by constructing a house for him and his children. However, she said he later occupied their matrimonial home and refused to leave.
In an emotional exchange before the court, Nancy expressed concern for her safety and that of her husband, accusing the accused of intimidating them in an effort to force them off the property.
Peter Kigen denied the allegations and defended his occupation of the house. He told the court that he had moved into his younger brother’s home with permission while completing construction of his own residence.
He dismissed claims that he had forcefully taken over the property, arguing that his stay was temporary and lawful.
The accused also maintained that the land in question remains registered in the name of their father and that none of the siblings holds individual ownership rights over the parcels they currently occupy.
The dispute emerged during proceedings in a separate criminal case in which Peter is charged with malicious damage to property. Prosecutors allege that on June 5, 2025, he destroyed a motorcycle valued at Sh104,000 belonging to Nancy.
Peter has denied the charge.
The prosecution has indicated it will call five witnesses to testify against him during the hearing.
In her ruling, Magistrate Toroitich cautioned the accused against interfering with the disputed property or threatening the complainant while the matter is pending before the court.
She warned that any violation of the court’s directives could lead to the immediate cancellation of his bond terms.
The case is scheduled for mention on September 8, 2026, when the court is expected to issue further directions on the hearing of the matter.
