Hillary Sagala: Why I am suing my father for neglect

Mr Hillary Libese Sagala

Mr Hillary Libese Sagala, 34, has taken his father Wycliffe Ngaira Sagala to court claiming neglect. He says his father chased him out of his grandmother’s house and failed to educate him.

Photo credit: Pool

A man has sued his 56-year-old father, seeking orders to be allocated land he claims is his inheritance right.

Mr Hillary Libese Sagala, 34, has taken his father Wycliffe Ngaira Sagala to court claiming neglect. He says his father chased him out of his grandmother’s house and failed to educate him.

He has filed the case at the Chief Magistrate’s court in Kitale, Trans Nzoia County.

“My father had two wives, where my late mother Rose Makokha was the first wife and I was her only child. The second wife, Nancy Ngaira, had three children who are my siblings,” reads part of the affidavit prepared by advocate John Bororio.

The petitioner says his father has sold part of the family land at Kaisagat location in Kwanza sub county to more than 15 people, including a school, without the consent of the family, which puts their inheritance at risk.
He fears the father may sell the entire land.

“The purpose of this affidavit is to stop my father from selling the remaining farm because we will have nowhere to live. I got married in 2018 and I am blessed with two children, but I am still living on my grandmother’s land,” said Mr Libese.
In his defence, the father acknowledges that the petitioner is his son, but says he never married his mother, who got married to another man after she gave birth to their son.

“The allegation that I never took him to school is unfounded since I sponsored his education where he went up to Kaveye Youth Polytechnic and graduated as a mechanic,” says Mr Sagala.

He says that in 2018, his son, in the company of robbers, stabbed him in the back. 

“He was charged in court where he was convicted and sentenced to two years in prison,” says Mr Sagala.
After completing the sentence in 2012, Mr Sagala says he allocated his son 0.66 points of an acre at Kaisagat, where he built a house and planted trees. The son, however, sold the property.

“Now that he sold part of my land that I gave him, I do not have any other land to give him. I educated him until he became a mechanic and he should use his skills to buy his own land since he is not my only child,” the father says in papers in court, which is yet to set the date of hearing.