11 December 2018

Kenya: Nyong'o Family Estate Row Deepens as Case Moves to Appeals Court

A dispute involving the estate of Kisumu Governor Anyang' Nyong'o's father Hesbone Shimei Nyong'o has moved to the Court of Appeal.

The development came after the county boss and his sister failed to produce books of accounts.

In the case, Prof Nyong'o's nephews, Mr Kenneth Okuthe and Mr Geoffrey Omondi, had sued him and his sister Dr Risper Nyagoy for leaving some relatives out of the list of beneficiaries of the senior Nyong'o's multimillion-shilling estate.

The property under contention includes 100 acres of land in Miwani and apartments on Jogoo Road in Nairobi. Others are parcels of land in Manyatta, Tamu, Milimani estate and East Rata in Seme Sub-County, Kisumu.


The appellate court is set to hear two applications. One is by the governor and Dr Nyagoy seeking to put on hold the execution of orders by High Court judge Thripsisa Cherere issued on October 11 in Kisumu.

"The court be pleased to grant an order of stay of execution of the judgment issued by Justice Cherere pending hearing and determination of the appeal," said the appeal by the governor and his sister. They said they were dissatisfied with the judgment.

The governor's appeal now puts on hold that by Mr Okuthe, who wanted the county boss and his sister to produce the book of accounts and to comply with the other orders issued by Justice Cherere.

In her decision, the judge said she was satisfied that the petitioners were entitled to the property and that the grant that gave the two (Prof Nyong'o and Dr Nyagoy) control of the property was obtained illegally. She found that the grant was obtained by concealment of material facts and non-disclosure of the applicant's interest and on the basis of untrue allegations.


Following this, Justice Cherere had ordered Prof Nyong'o and Dr Nyagoy to include all children belonging to their sisters as beneficiaries of the estate.

The judge also revoked the administrative letters and certificate of confirmation of grant that placed Prof Nyong'o and Dr Nyagoy as the sole controllers of the estate and appointed Mr Okuthe as a co-administrator.

She further directed Prof Nyong'o and his other siblings who have been benefiting from the property to file an account of the estate and certificate of confirmation that had been issued to them about four years ago that gave them the power to control the estate.

It is almost 60 days since the orders were issued but the governor and his sister were given 45 days to file the books of account, something they have not done, according to the nephews.

Both appeals will be heard on December 19.


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