A court will rule today on a dispute pitting Kisumu governor Prof Anyang’ Nyong’o against his nephews over the Sh200 million estate left by his father.
The two nephews, Kenneth Odhiambo Okuthe and Geoffrey Omondi ,sued the governor and his sister Risper Nyagoy for leaving out some relatives in the list of beneficiaries of the estate.
They accused the two of neglecting the children of Margaret Awuor and Judith Nyong’o, who were daughters of Shimei. Omondi is the eldest son of Judith, now deceased. Upon her death, she left Omondi and another sibling, Fiona Atieno.
In August, Justice Tripisisa Cherere said she would deliver the judgment on October 11. The judgment will come after numerous failed attempts by the court to have the family settle the matter out of court.
The entire estate is estimated to been worth more than Sh200 million. It includes 100 acres in Miwani under a 99-year lease, and another parcel along Nairobi’s Jogoo Roadwhere flats have been built.
Other parcels are in Manyatta, Tamu, Milimani estates and East Rata in Seme Sub-county in Kisumu.
The governor’s father Hesbon Shimei died on November 10, 2006, without a will.
The applicants say they have never benefitted from the estate. They said the governor and his sister were made administrators of the estate after the local chief certified the two and their mother and other siblings as the true beneficiaries.
The applicants are accusing Nyong’o and Nyagoy of concealing important information on confirmation of the grant. The duo are in court seeking revocation or annulment of the letters of administration.
Following the court’s order that the governor and his sister file a response earlier after the petitioners complained, the duo dismissed the case as incompetent and intended to paint the family in bad light.
They argued that even though Nyong’o took care of the two nephews after the death of their parents, they were not beneficiaries of their patriachs’s property.
Nyagoy told the court his brother, Governor Nyong’o, made sure the two nephews went to school and even secured them jobs, but hasbeen ungrateful and has not helped their ailing mother.
Traditionally, under Kenyan law of succession, once grant of letters of administration is issued to dependents, they must seek a court’s permission for what is known as confirmation of grant for them to be able to distribute assets.