A MATTER OF DEBT

Biwott's Sh382m debt case to be heard next week

Kiprono sued in respect of contracts he signed with Biwott between November 2015 and September 2016

In Summary

• Businessman Barnabas Kiprono has sued three executors of Biwott’s will and is also claiming Sh6.3 million

• The Biwott family allegedly spurned the businessman's offer to have the matter settled out of court

Members of the Biwott's family, including widows Hannie, Cherono and Margaret Kamar at his funeral in Eldoret on July 20, 2017
MOURNING BIWOTT: Members of the Biwott's family, including widows Hannie, Cherono and Margaret Kamar at his funeral in Eldoret on July 20, 2017
Image: MATHEWS NDANYI

A case in which a businessman is demanding Sh382 million from the administrators of Nicholas Biwott's estate will be heard on September 18 at the High Court in Eldoret.

Businessman Barnabas arap Kiprono also wants to be paid Sh6.3 million interest in the case he filed on February 28, 2019, against three executors of Biwott’s will.

Biwott died on July 11, 2017.

 

Kiprono went to court through lawyer Keren Chesoo after the Biwott family spurned his offer to have the debt matter settled out of court. Kiprono and Biwott were close friends.

Last week Judge Olga Sewe dismissed an application by the Biwott will executors that case is struck out. The executors include lawyer Desterio Andadi Oyatsi, Kennedy Hamish Wooler Keith and Elizabeth Klem.

Kiprono sued in respect of contracts he signed with Biwott between November 2015 and September 2016.

The executors are expected to file a response. Kiprono says he still ready to settle the matter through negotiations.

The businessman has asked the High Court to issue interim preservatory orders, preserving Biwott's estate in particular land parcels LR 1/809 (originally LR 1/37/4), LR 27815, LR 8125, Eldoret Municipality Block 4/2, Eldoret Municipality Block 7/41 and Kilifi/Jimba/362.

The others are Chembe/Kibambashe/377, subdivision 167 Section VI Mainland North, Keiyo/Upper Cheptebo “A”/1, Mosop/Kaptarakwa/ 472 and Mosop 6 (KUTSI) /1.

Kiprono says the executors had filed for summons for confirmation of Grant of Probate of the deceased's will with the intention of distributing his assets to his beneficiaries.

 

Should the process proceed, he argues, he would suffer irreparable loss and damage because beneficiaries would deal with the property in a manner adverse to his interests.

Kiprono wants the assets to remain intact until the dispute is determined.

The will executors, through lawyer John  Wananda, wanted Judge Sewe to dismiss the case, claiming the court had no jurisdiction to grant orders sought by Kiprono.

Further, they argued against orders on the listed property, noting that the application was misconceived because the applicant's claim was for money allegedly lent to Biwott and not for any proprietary rights in the listed land parcels.

Oyatsi conceded that the Grant of Probate to administer Biwott’s estate was issued to them as executors but the court did not have the jurisdiction to issue orders sought by Kiprono.

The judge ruled that the case involved a colossal sum of money and could not be dismissed.

She said the justice sought requires a hearing and determination on the merits. 

Justice Sewe said the court had powers to handle applications sought by Kiprono.

She thus ruled that the application for preservatory orders sought by Kiprono on the listed property should be made in the succession case on Biwott’s estate which is being handled at the High Court in Nairobi.

Kiprono’s lawyers have presented documents, including a report from document examiners confirming Biwott’s signatures on contracts for the money lent to him.