• Justice Cherere ordered Nyong’o to include all their sisters' children as beneficiaries of the multi-million property.
• The property under contention includes 100 acres in Miwani and flats along Jogoo Road in Nairobi.
Kisumu Governor Anyang' Nyong'o and sister Risper Nyagoy want the application seeking to have them jailed for contempt of court dismissed.
Their nephew Kenneth Odhiambo says in the application that the siblings failed to comply with the court order issued by Judge Tripsisa Cherere in October that they include all their sisters' children as beneficiaries of their father's Sh200 million estate.
The property includes 100 acres in Miwani and flats along Jogoo Road in Nairobi. Others are parcels in Manyatta, Tamu, Milimani estate and East Rata in Seme subcounty, Kisumu.
Justice Cherere also revoked the letters of administration and certificate of confirmation of grant that placed Nyong'o and the sister as the sole controllers of the estate and appointed one of the nephews as the co-administrator.
Odhiambo's application was filed in December 2018. He also wants other siblings Susan Mudhune, Esther Nyong’o and Mary Owiti committed to civil jail.
The governor and the sister, in their replying affidavit, noted that the application was a subject of an appeal in which they are seeking a stay of execution of the judgment and orders by Justice Cherere.
“If the orders sought in the application are granted, that will jeopardise and highly prejudice the appeal,” Nyagoy said.
She said in their notice of appeal dated October 15, 2018, they have questioned the locus standi of the applicant.
"It is therefore in the interest of justice that the application and proceedings be stayed pending the hearing and determination of our application in the Court of Appeal," she says in the affidavit.
The ruling will be on May 23.