Kisumu Governor Anyang’ Nyong’o and his sister, Risper Nyagoy, will have to include all children belonging to their two sisters as beneficiaries of their late father’s multi-million shilling property, the High Court has ordered.
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one of the nephews, Kenneth Odhiambo Okuthe, as co-administrator of the late Hewson Shimei Nyong’o's estate have been revoked.
In her ruling, Justice Tripsisa Cherere ordered Prof Nyong’o and his other siblings who have been benefitting from the property to file an account of Shimei's estate within 45 days.
Prof Nyong’o’s nephews, Mr Okuthe and Geoffrey Omondi, had sued him and Dr Nyagoy for leaving some relatives out of the list of beneficiaries of their late grandfather’s estate.
They told the court that Prof Nyong’o and Dr Nyagoy were made administrators of the property after a local chief certified their mother and other siblings as true beneficiaries.
Mr Omondi and Ms Fiona Atieno are the late Judith Nyong’o’s children, Prof Nyongo’s sister. The governor’s other sister is Margaret Awuor, who is Mr Okuthe’s mother. She died in 1994.
No written will
After their parents’ death, the two were brought up by their grandfather Shimei, who died in 2006 without a written will.
The property under contention includes 100 acres 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.
Justice Cherere said that she was satisfied that the petitioners were entitled to property of the deceased and that the grant that gave the two (Prof Nyong’o and Dr Nyagoy) control of the multi-million shilling property was obtained illegally.
“I am satisfied that the grant was obtained by concealment of material facts and non-disclosure of the applicant’s interest and on the basis of untrue allegations,” said Justice Cherere.
In his response to the case during the hearing, Prof Nyong’o termed the two as opportunists who wanted to take advantage of him now that he holds an elective position.
He argued that he had helped his nephews Mr Omondi and Mr Okuthe by securing them and other relatives jobs in public service offices when he served as minister in government.
But Justice Cherere in her ruling said that the fact that the applicants are working and that Dr Nyagoy had given one of them a piece of land in Kit Mikayi did not stop them from inheriting their grandfather’s property.