A case in which Kisumu Governor Anyang’ Nyong’o has been sued by his nephews in a multi-million-shilling family property inheritance row continues to drag at the Court of Appeal, following numerous interruptions due to the Covid-19 pandemic and change of lawyers.
Prof Nyong’o’s nephews have sued him and their aunt, Dr Risper Nyangoy, claiming they have denied them a piece of their grandfather Hesbone Shimei Nyong’o’s inheritance.
The property in contention is estimated to be worth more than Sh200 million and includes 100 acres 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.
Mr Geoffrey Omondi Nyong’o, Prof Nyong’o’s nephew, is now seeking the services of Senior Counsel Tom Ojienda to help him win the appeal in the case where he accuses the county boss of leaving him out of the list of beneficiaries of his grandfather’s estate.
Mr Omondi and his cousin Kenneth Okuthe sued their uncle and aunt.
Mr Omondi has parted ways with his former lawyer, Mr Rogers Mugumya, who has been his attorney since the case began. He is now in the process of hiring Prof Ojienda for the appeal, whose main hearing date is yet to be set.
“I came to file notice of change of lawyer. All the details will be made official soon,” said Mr Omondi.
However, the court registry was yet to receive the notice by Thursday.
Out of court settlement
“I am not aware I have been replaced. But the client has the power to hire whoever he likes. However, we will file a bill of costs for the work done for him,” said Mr Mugumya.
It is not the first time this is happening. Last year, Mr Okuthe filed a notice of intention to act in person after a falling out with Mr Mugumya.
Just like in Mr Omondi’s case, in the notice seen by the Nation, Mr Okuthe did not give an explanation as to why he dropped his lawyers, but he said he no longer trusted them.
Mr Okuthe, in a letter, further indicated that the family would resolve the matter out of court, but Mr Omondi vowed to continue fighting in court.
Mr Okuthe requested the court to withdraw all applications, saying the family had agreed on an out-of-court settlement.
Since the case started, the governor and his sister have not managed to supply books of accounts or opened a trust account.
In October 2018, Mr Nyong’o got a reprieve after the Kisumu Court halted execution of orders by a lower court directing him and his sister to share their father’s estate with his two nephews, pending hearing and determination of the main appeal.
Disobeying court orders
This was after the Court of Appeal sitting in Kisumu was convinced by Prof Nyong’o and Dr Nyangoy that their application stood a chance of succeeding.
The orders stopped the execution of a ruling issued on October 11, 2018 by High Court judge Tripsisa Cherere directing that Mr Okuthe and Mr Omondi be included as co-administrators of the estate.
The trial court had directed the governor and the sister to render and file in court an account of the deceased’s estate from July 9, 2014 when the certificate of confirmation of the revoked grant was issued.
According to the ruling, when the appellants were aggrieved by the judgment, they filed an appeal on October 16, 2018 and a motion seeking to stop execution of Justice Cherere’s ruling pending hearing and determination of the intended appeal.
However, the courts found that the applicants had a case.
The ruling delivered by justices Erastus Githinji, Hannah Okwengu and Jamila Mohammed now also saved protected Governor Nyong’o and his sister from being jailed for one month for disobeying court orders.
The hearing date for the main appeal is yet to be set even as both parties filed written responses.
The grounds in the appeal is that they were dissatisfied and aggrieved by the judgement and are against the entire decision, arguing that Justice Cherere erred by failing to consider the petitioner’s evidence produced in court and hence arrived at the wrong findings.
There's no story that cannot be told. We cover the stories that others don't want to be told, we bring you all the news you need. If you have tips, exposes or any story you need to be told bluntly and all queries write to us [email protected] also find us on Telegram
