Kisumu Governor Anyang’ Nyong’o and his sister Risper Nyagoy have withdrawn an appeal challenging High Court decision ordering them to include their nephews and nieces as beneficiaries to their farther's Sh 200million estate.
The governor’s father Hesbon Shimei died on November 10, 2006 without a will.
The governor’s two nephews Kenneth Odhiambo Okuthe and Geoffrey Omondi sued him and his sister for leaving out some relatives in the list of beneficiaries.
Justice Tripsisa Cherere in early October ordered Nyong’o and Nyagoy to include all children belonging to their sisters as beneficiaries to the multi-million property.
She also revoked the administrative letters and certificate of confirmation of grant that placed him and the sister as the sole controllers of the state and appointed one of the nephews as the co-administrator of the estate.
In their appeal, the two were seeking orders of stay of execution of the judgment issued by Justice Cherere pending hearing and determination of the appeal.
The grounds in the appeal were that they were dissatisfied and aggrieved by the judgment and are against the entire decision.
They also felt the appeal had a high chance of success and, therefore, must be heard before any execution of the orders.
However, on December 19, they withdrew the application.
“The notice of motion dated 29th of October 2018 filled by the petitioners herein is hereby marked as withdrawn with no orders as to cost, “read the court document.
This means the governor and sister will have to comply with the high court ruling.
In the case, the two nephews accused the two of neglecting the children of their other sisters Margaret Awuor and Judith Nyong’o, who were daughters of Shimei.
Omondi is the eldest son of Judith, now deceased.
The applicants are accusing Nyong’o and Nyagoy of concealing important information on confirmation of the grant and not accounting for the estate.
However, Justice Cherere in her ruling said she was satisfied that the applicants were beneficiaries and are entitled to the estate of the deceased.
Cherere noted the children of Margaret Awuor and Judith Nyong’o are entitled to inherit their grandfather’s estate as the deceased mothers were daughters of Shimei.