Nephews accuse governor of omitting their names despite growing up in the household of the patriarch.
The entire estate is estimated to have been more than Sh200 million when the trust was opened by the governor and his sister.
The squabbling family of Kisumu Governor Anyang Nyong’o have left it to the court to decide the fate of the multimillion-shilling property left behind by their patriarch Hezbone Shimei Nyong’o.
After failing to settle the matter out of court with their uncle, Prof Nyong’o’s nephews asked the judge to cancel the initial authority given to the county chief and his sister to be the sole administrator of their father’s estate.
On Tuesday, High Court Judge Tripsisa Cherere set October 11 as the day of judgment where she could rule on all the pleas asked by the nephews, including that the governor meets the cost of the case.
Mr Kenneth Odhiambo Okuthe and Geoffrey Omondi Nyong’o told the court in final submissions that the court-ordered grant given to Prof Nyong’o and his sister Risper Nyagoy was irregular as it excluded other deserving beneficiaries.
The nephews’ lawyer Rogers Mugumya told the court that the certificate of confirmation of grant issued to Prof Nyong’o and his sister Dr Risper Nyagoy should be revoked and a new one issued, listing all the deserving children.
Traditionally, under Kenyan law of the 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 of the deceased.
The document usually shows that the grant has been confirmed and what should be transferred to whom.
The nephews accuse the governor of omitting their names despite growing up in the household of the patriarch.
“For a grant to be revoked, there must be evidence that the proceedings to obtain the grant were defective in substance or that it was obtained fraudulently or by concealment of information.
The respondents confirmed before this court that indeed she (Risper Nyagoy) also has issues with the grant confirmed on June 27, 2014,” the nephews argued.
The applicants also want those involved in interfering with the state or transacting on it prosecuted, arguing it is against the law.
“The conduct of those involved is tantamount to intermeddling (sic) with the deceased persons’ property and hence those culpable should be dealt with in accordance to the law,” said the applicants.
Prof Nyong’o and his sister Dr Nyagoy, however, failed to make their final submissions by Tuesday.
The court proceeded to full hearing before High Court Judge Justice Cherere after the family failed for a second time to settle the matter out of court.
The entire estate is estimated to have been more than Sh200 million when the trust was opened by the governor and his sister.
It includes 100 acres’ piece of land in Miwani under a 99-year lease, same to another parcel of land along Jogoo Road in Nairobi which currently holds flats.
Other parcels of land are in Manyatta, Tamu, Milimani estates and East Rata in Seme Sub-county in Kisumu.
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