An estate row over the estate of Hesbone Shimei Nyong’o, father of Kisumu governor Anyang’ Nyong’o, has moved to the Court of Appeal.
In the case, Prof Nyong’o’s nephews Kenneth Okuthe and Geoffrey Omondi had sued the governor and his sister Risper Nyagoy for leaving some relatives out of the list of beneficiaries of their late father’s multimillion shilling estate.
The property under contention includes a 100-acre piece of land in Miwani and flats on Jogoo Road in Nairobi. Others are parcels of land are in Manyatta, Tamu, Milimani and East Rata in Seme sub-county, Kisumu.
The appellate court is set to hear two applications by Prof Nyong’o and Dr Nyagoy seeking to put on hold execution of High Court orders by Justice Thripsisa Cherere on October 11 in Kisumu.
The appeal by the governor now puts on hold an application by Mr Okuthe who wanted the county boss and the sister to produce the book of accounts and to comply with court orders.
Justice Cherere said she was satisfied that the petitioners were entitled to the property of the deceased and that the grant that gave the two (Prof Nyong’o and Dr Nyagoy) control of the multimillion-shilling property was obtained illegally — by concealing material facts and non-disclosure of the applicant’s interest and on the basis of untrue allegations
Justice Cherere had ordered Prof Nyong’o and Dr Nyagoy to include their two sisters’ children as beneficiaries the disputed property.
She also 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 Odhiambo Okuthe, as co-administrator of the estate.
In the appeal by the governor and his sister, they are seeking orders that: “The court be pleased to grant an order of stay of execution of the judgement issued by Justice Cherere pending hearing and determination of the appeal.”
The grounds in the appeal is that they were dissatisfied and aggrieved by the judgement and are against the entire decision.
They also feel the appeal has a high chance of success and, therefore, must be heard before any execution of the orders.
The hearing has been set for December 19.
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