The inheritance battle for the Nyong’o family’s multimillion property could take long after the case moved to the Court of Appeal, seeking to overturn a directive that nephews be included on the list of beneficiaries.
Kisumu governor Anyang’ Nyong’o and his sister, Dr Risper Nyagoy, who had been sued for contempt of court, are now seeking to put on hold execution of the orders the High Court issued pending hearing and determination of the appeal.
The High Court had placed one of the nephews as co-administrators of a multimillion estate belonging to their grandfather and also ordered that the duo produce books of account.
In October 11, last year, Justice Thripsisa Cherere revoked the administrative letters and certificate of confirmation of grant that placed Prof Nyong’o and Dr Nyagoy as the sole controllers of the estate and appointed one of the nephews, Mr Kenneth Okuthe, as a co-administrator of the late Hesbon Shimei Nyong’o’s estate estimated to be worth more than Sh200 million.
The property under contention includes a 100-acre parcel of land in Miwani and flats on Jogoo Road in Nairobi. Others are parcels of land in Manyatta, Tamu, Milimani Estate and East Rata in Seme sub-county, Kisumu.
In the appeal by the governor and Dr Nyagoy, they are seeking orders that “The court be pleased to grant an order of stay of execution of the judgment issued by Justice Cherere pending hearing and determination of the appeal”.
The grounds of the appeal are that Prof Nyong’o and his sister were dissatisfied and aggrieved by the judgment and are against the entire decision.
According to Mr Jefferson Museve, Prof Nyong’o’s advocate, they filed the fresh application at the Court of Appeal after they withdrew the earlier one filed at the High Court.
“We feel the appeal has a high chance of success and therefore must be heard before any execution of the orders,” said Mr Museve.
The judge, however, declined his oral application and asked him to make a formal one, which the advocate obliged.
Mr Museve also indicated that they would respond to the application the nephew filed regarding contempt of court proceedings against the governor and his sisters.
Mr Okuthe had demanded that the county boss and three of his sisters be jailed for six months for failing to comply to a court order.