The continued absence of governor Anyang’ Nyong’o from Kisumu has stalled a case in which he has been sued by his nephews over their inheritance.
Geoffrey Omondi and Kenneth Okuthe sued Prof Nyong’o and his sister, Dr Nyagoy Nyong’o (administrators of their grandfather’s estate), for leaving out some relatives in the list of beneficiaries.
The are yet to respond to the application filed last November.
The nephews claim two grandchildren have been left out of the list and fear that the administrators could transfer or sell the estate valued over Sh200 million.
They have, in court papers, accused the county boss and his sister of concealing important information on confirmation of the grant and failing to accounting for the estate.
Appearing before Justice Tripsisa Cherere at the Kisumu High Court, Rogers Mugumya, advocate for the petitioners expressed concern over failure by Prof Nyong’o and his sister to respond to the allegations levelled against them.
“We have even offered an olive branch to them on the out of court settlement as ordered by the court but they are not showing any commitment,” said Mr Mugumya.
Dr Nyagoy and Prof Nyong’o were out of the country in December. The governor is said to be in the United States where he is recuperating after undergoing surgery.
Mr Victor Obondi, who was holding brief as the advocate for Prof Nyong’o, said Prof Nyong’o’s absence had made it difficult for them to file a response.
“The issue is out of any one’s control because it borders on health. But should it take longer, we will file a joint response for the first and second respondent (Prof Nyong’o and Dr Nyagoy) whether my client will be in Kisumu or not,” said Mr Obondi.
The governor’s father, Hesbon Shimei Nyong’o, died on November 10, 2006 without a will. Prof Nyong’o and his sister were made administrators of the estate after the local chief certified that the two and their mother and other siblings were the true beneficiaries.
The nephews are, however, seeking revocation or annulment of the letters of administration.
Justice Cherere ordered Prof Nyong’o and Dr Nyagoy to file their responses before the hearing date on March 5.