Kisumu Governor Anyang’ Nyong’o and his four sisters have filed a court application seeking to block a bid by their nephew to have them jailed for defying court orders in a Sh200 million inheritance row.
Kenneth Okuthe wants Prof Nyong’o and Risper Nyagoy, Susan Mudhune (a former Safaricom director) Esther Nyong’o, and Mary Owiti committed to jail for a period not exceeding six months for defying the October 11 court order.
The High Court’s order directed the county boss and his siblings to include contesting nephews on the inheritance list for the property left behind by their father.
But the governor and siblings feel the orders will hurt them and interfere with an appeal they have filed in court.
Prof Nyong’o and Dr Nyagoy claimed they filed a notice at the court of appeal on October 15, 2018 against the High Court judgment.
“We stand prejudiced if the application is granted since the appeal which is arguable will be rendered insignificant. It is therefore in the interest of justice that the application be stayed pending hearing and determination of our case in the court of appeal,” said Prof Nyong’o and Dr Risper Nyagoy, his sister. They reckon their appeal has a high chance of success and therefore must be heard before the implementation of the High Court orders.
The High Court had also asked the governor and his sisters to provide books of account for their father’s property including 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.
The orders were to be complied with in 45 days or by November 25.
The judge had directed that the county chief and his sisters include all children of their sisters as beneficiaries of the multi-million-shilling property left behind by the Senior Nyong’o.
The judge had also revoked administrative letters and a certificate of confirmation of grant that placed Prof Nyong’o and Dr Nyagoy as the sole controllers of the estate.
The papers appointed one of the nephews, Mr Okuthe, as a co-administrator of the late Hesbon Shimei Nyong’o’s estate estimated to be worth more than Sh200 million.
In the contempt of court proceedings, Mr Okuthe’s grounds for contempt were that his uncle and aunties are yet to table an account of the deceased’s estate in line with court orders.
He also wants the court to order a joint interest-earning account to hold proceeds from senior Nyongo assets.