Seven years after the death of former Homa Bay Senator Gerald Otieno Kajwang’, his estate remains untouched because his family is yet to agree on how the property will be shared out.
Apart from being delayed by the fight between his widows over control of the estate and distribution of assets, the succession cause filed in a Nairobi court has also been stalled by disagreement on the valuation of the estate.
In addition, the delay has been occasioned by a dispute lodged by Kajwang’s brother, Mr Joseph Okoto Ajwang’, who is claiming a stake in the multi-million-shilling estate.
The assets at the centre of the succession dispute are houses in Nairobi and Nyanza, shares and savings in saccos such as the Bunge Sacco, motor vehicles and an undisclosed amount of money in bank accounts.
Mr Okoto wants two assets — a property in Lavington, Nairobi, and a piece of land in Migori — excluded from the list of wealth forming the estate.
Through lawyer Silas Atonga, Mr Okoto yesterday told a Nairobi court that the properties belong to him and not his late brother, and they should be excluded from the list of Kajwang’s assets as well as from the intended valuation of the estate.
“Our client had interest on the properties. He believes the two belong to him and so they should not be included. That is the reason we are objecting,” said the lawyer.
Justice Lydia Achode also heard that Kajwang’s father, Mr David Ajwang’, who died in February 2021, had objected to inclusion of a piece of land in Lambwe West as part of the estate of the late senator.
“Being the father, he was not opposed to the valuation, save that he has personal property (in Lambwe) that should not be subjected to valuation,” the law firm of Wasuna & Company Advocates, which was representing Ajwang, stated.
Kajwang, famous for his ‘Bado Mapambano’ protest song, died on November 18, 2014, at Nairobi’s Mater Hospital. His relatives have now joined the long list of prominent families that have been fighting in court over inheritance.
The succession cause has also been hindered by the late senator’s relatives failing to agree on the valuation of the estate, which is said to be worth hundreds of millions of shillings.
Their differences have made it difficult to settle on a valuer to carry out the work and the costs to be paid, the court heard.
Justice Achode heard that on March 9, 2020, the parties had entered consent on the properties to be valued. In particular, the LHC Apartment and the Lavington property were to form part of the valuation.
The parties were also to write to banks and the clerk of the Senate to establish whether the estate has enough funds to pay for the valuation.
However, one of the widows refused to sign a letter addressed to the banks and the clerk of the Senate.
The court heard that the advocates have since found out that there is Sh11 million in the parliamentary pension fund and the amount is enough to pay for the valuation.
The matter will be mentioned on February 23, for the advocates to update the court on the progress of the valuation.
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