The High Court on Monday granted Governor Anyang’ Nyong’o’s extended family a second chance to settle an estate row out of court following an understanding between the two warring parties.
In a matter that was threatening to spin out of control, Justice Tripsisa Cherere gave the family time to settle the matter failure to which hearing will continue in July.
Justice Cherere had made a similar order a few months ago but the family failed to agree because Prof Nyong’o was out of the country for treatment.
The judge directed that the governor and his sister commit through writing that they want to settle the matter out of court.
“Should the parties fail to agree then the full hearing will be on July 11,” said Justice Cherere.
In an earlier hearing, Ms Cherere asked why the governor took the matter to court instead of solving it at the family level. “The children are now adults, they should have been given what is duly theirs,” she posed.
Prof Nyong’o’s nephews Geoffrey Omondi and Kenneth Odhiambo Okuthe have sued him and his sister Risper Nyagoy for leaving some relatives out the list of beneficiaries of his father’s estate. Mr Omondi and Fiona Atieno are the late Judith Nyong’o’s children — Prof Nyongo’s sister.
Both were brought up by their grandfather, the late Hewson Shimei Nyong’o. Mr Shimei died on November 10, 2006, without leaving behind a will.
The applicants say they have been denied part of their grandfather’s estate.
The petitioners’ lawyer, Rogers Mugumya, insisted that the respondents be given 14 days to write their consent.
“We need them to make it in writing so that we know they are committed to settling the matter out of court,” said Mr Mugumya. The two nephews accuse their uncle and aunt of neglecting the children of the late Margaret Awuor Dick and Judith who were both daughters of senior Nyong’o.
Mr Omondi and Mr Okuthe said that the governor and his sister were administrators of their late grandfather’s multi-million shilling estate.
They accused Prof Nyong’o and Dr Nyagoy of concealing important information and not accounting for the estate’s income.
They went to court seeking revocation of the letter of administration. The applicants want an audit and fair distribution of the estate.
Mr Omondi said he feared that Prof Nyong’o could sell or transfer the estate, estimated at Sh200 million.
It includes 100 acres of land in Miwani and land and flats along Jogoo Road in Nairobi.
Other parcels of land are in Manyatta, Tamu, Milimani estate and East Rata in Seme Sub-county, Kisumu.