Kenya: Sister of former president wins court battle to evict ex-partner from disputed home

Anne Nyokabi, sister to former Kenyan President Uhuru Kenyatta, has won a legal dispute granting her the right to evict her former business partner and ex-associate, Moses Gachemi Nderitu, from a contested maisonette at the heart of a deeply personal and protracted property battle.

The ruling, issued by Justice Jane Onyango of the Environment and Land Court in Thika, denied Mr Nderitu's request for an injunction that would have allowed him to remain in the residence while a broader ownership case plays out in court. 

Despite describing Mr Nderitu's overall case as “strong with high chances of success,” the court found he failed to show that vacating the property would cause him “irreparable loss that cannot be compensated by damages.”

The maisonette in question sits on land parcels L.R 26680/2 and L.R 26680/5 and was jointly developed during a time when Ms Nyokabi and Mr Nderitu shared both a personal and professional relationship. The two met in 2002 and went on to co-found KOTO Housing Kenya Limited in 2014, with Nderitu serving as the company’s managing director.

According to court documents, the disputed house was envisioned as a shared home, with Nderitu claiming he played a central role in securing permits, hiring contractors, and overseeing construction. He asserts he injected Sh16 million into the project—funds allegedly drawn from savings and personal loans.

However, their relationship soured in 2020 when Nderitu resigned from the company, citing financial strain caused by the COVID-19 pandemic. Ms Nyokabi disputes that claim, arguing that his resignation was voluntary. She maintains that the company, funded by her alone, financed the entire construction, and insists that Nderitu’s role was managerial, not financial.

In an apparent gesture of goodwill, Ms Nyokabi offered Nderitu a two-year rent-free stay in the maisonette after his resignation. He declined the offer, maintaining he was not a tenant but a co-owner. Tensions escalated when she issued a demand for rent arrears amounting to Sh1.17 million and instructed auctioneers to take recovery action.

Ms Nyokabi told the court that Nderitu’s occupation of the house was always conditional, with a verbal agreement that allowed him to stay only until December 2022. From January 2023, she argued, he owed monthly rent of Sh130,000, having overstayed his welcome.

Nderitu, on the other hand, insists that the property was held in trust by Ms Nyokabi on his behalf, based on an understanding that reflected their joint financial, emotional, and domestic investment. His legal argument leans on an implied partnership that blurred the lines between personal and professional commitments.

Justice Onyango refrained from ruling on the ultimate question of ownership or beneficial interest but acknowledged that evidence exists suggesting Nderitu may have contributed to the property’s development. Nonetheless, she found that he failed to demonstrate a level of harm justifying an injunction to block eviction.

The judgment marks a significant procedural victory for Ms Nyokabi, although the broader ownership dispute remains unresolved and likely to continue unfolding in court.