Kisumu Governor Anyang’ Nyong’o and his sister Dr Risper Nyagoy Nyong’o say they are withdrawing an appeal they had filed to challenge the High Court order directing them to include their nephews on the inheritance list for property left behind by their father.
On Wednesday, the two through their lawyers JA Guserwa and Company advocates wrote to their nephews Kenneth Odhiambo Okuthe and Geoffrey Omondi Nyong’o, signalling that they will no longer be proceeding with the appeal.
This means that the Nyong’o's will now have only the option of honouring the court order, unless they engage further out-of-court negotiations with their nephews.
In their appeal, they had sought to delay implementation of the order issued by Lady Justice Tripsisa Cherere and which was issued on October 11 in Kisumu.
The judge had directed that the county chief and his sister include all children of their sisters as beneficiaries of the multimillion-shilling property left behind by the Senior Nyong’o.
The judge had also revoked 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 a co-administrator of the late Hesbon Shimei Nyong’o’s estate estimated to be worth more than Sh200 million.
Prof Nyong’o and Dr Nyagoy had challenged this move, first seeking to have the court “be pleased to grant an order of stay of execution of the judgement issued and by Justice Cherere pending hearing and determination of the appeal.”
They said they were not satisfied with the ruling and argued their challenge had a higher chance of succeeding.
Their withdrawal of the appeal may mean they were agreeing to honour the High Court judgement now. However, the next move will depend on whether the nephews will accept this bid as they had threatened to sue for contempt of court.