By TONY MUSISI
A 94-year-old man and his two sons have been charged with malicious damage to property worth Sh3.2 million following a dispute with his daughter-in-law over a prime six-acre parcel of land in Uasin Gishu County.
The elderly man, Kiprono Kimaiyo, struggled to stand in the dock when he appeared before Presiding Magistrate Kesse Cheronoh, prompting the court to allow him to present his defence while seated on a bench.
The complainant, Margaret Cherop Kosgei, is the widow of Kimaiyo’s first-born son, John Kosgei, who died more than 10 years ago. She has also sued her two brothers-in-law, Micah Kipchumba Maiyo and Philip Maiyo, over the alleged destruction of her house in 2024.
The three accused persons face a charge of malicious damage to property contrary to Section 339(1) of the Penal Code. They all denied the charge when it was read to them.
According to court documents, the accused, alongside others who were not before the court, allegedly wilfully and unlawfully destroyed a house belonging to Margaret on February 19, 2024, in Kabenes area, Soy Sub-county, Uasin Gishu County. The house was valued at Sh3.2 million.
The case stems from a dispute over ownership of a prime six-acre parcel of land left behind by the deceased, on which the destroyed house stood.
Margaret accuses her father-in-law and the two brothers-in-law of demolishing her house in an attempt to disinherit her of property she claims belonged to her late husband.
In his defence, Kimaiyo dismissed his daughter-in-law’s claim to the disputed property, describing her as a stranger to the land, which he said formed part of his multimillion-shilling estate.
He told the court that he had never distributed his property among his children, including his late son, and maintained that none of them had the right to claim ownership of his estate.
“If my daughter-in-law claims that she owns the land on which the destroyed house was built, let her produce ownership documents before this court to prove her claim,” Kimaiyo said.
He warned Margaret against laying claim to any portion of his land, insisting that he had not yet distributed his estate among his biological children.
“Let my daughter, who has dragged me to court, understand that I did not inherit this property from my late parents, but bought it through hard work from a European settler,” Kimaiyo said angrily.
The elderly man further told the court that he had sold part of the land he had leased to his late son to raise money for the medical expenses of his wife, who has since died.
The case is scheduled for further hearing on October 22, 2026.
