Kisumu Governor Anyang’ Nyong’o and his sister Risper Nyagoy have each been fined Sh400,000 for contempt of court or they serve one month in jail in default.
Nyong'o and his sister, who are entangled in a Sh200 million property row with their nephews, have 30 days to pay the fine.
The governor and sister failed to appear in court for sentencing on Tuesday and the judge moved the matter to yesterday and still there was no show.
Justice Tripsisa Cherere on Thursday said this was another excuse, and she was not convinced that the duo could not spare a minute to honour the court summonses.
"I, therefore, fine the two Sh400,000 to be paid within the next 30 days or they be imprisoned for one month,” Justice Cherere said.
She further ruled that should they fail to comply with earlier court orders issued in October last year, they will be liable to a fine of Sh50,000 every month. Nyong'o and Nyagoy had been ordered to file books of account on how resources from their deceased father's estate were used.
The nephew’s lawyer Rodgers Mugomia agreed that the family had lost their mother, who is also the petitioner’s grandmother, but believed that was not enough for them to fail to attend court for sentencing.
The governor's mother Dorcas Owino, 98, died on Tuesday.
“The court should bite hard because over the last eight months, we believe that the court has been taken for granted. We pray for a warrant of arrest to be issued against the two, done by the OCS Kisumu Central police station and overseen by the county commander, “ the lawyer said.
Mugomia said they are happy with the ruling and will follow up the matter to ensure the governor’s nephews get justice.
However, lawyer Jefferson Museve defended his clients Nyong’o and Nyagoy, saying they appreciate the court orders and take them seriously. He said the duo were grieving the demise of their mother.
Last year in October, Cherere ordered Nyong’o and Nyagoy to include all the children belonging to their sisters as beneficiaries of the property.
Cherere also revoked the administrative letters and certificate of confirmation of grant that placed Nyong'o and Nyagoy as the controllers of the estate. The court appointed one of the nephews as a co-administrator.
The judge also asked the governor and his sister to provide books of accounts for their father’s property including 100 acres in Miwani and flats on Jogoo Road in Nairobi. Other plots are in Tamu, Milimani, Manyatta and East Rata in Kisumu.
Nyong'o and his sister had appealed Cherere's directive, but failed to get orders to suspend it, hence the contempt suit.
The nephews filed an application seeking a six-month jail term for the governor and his sister for contempt of court.
Kenneth Okuthe said the two failed to comply with a court order to include them as beneficiaries of their grandfather's estate.
The nephews, Okuthe and Geoffrey Omondi sued the governor and his sister for leaving out and some of their relatives from the list of beneficiaries.
The nephews said they were entitled to inheritance because they grew up under the care of the patriarch.
Nyong'o and Nyagoy failed to make final submissions before the October order was issued. They had initially dismissed the case, saying it was incompetent and intended to paint the family in bad light.
