Blow to  Nyong’o in family property tussle

Blow to Nyong’o in family property tussle

 BY CORRESPONDENT,KISUMU,11TH OCT 2018-Kisumu Governor Anyang’ Nyong’o  has suffered a balow after the court on Thursday ordered him  and his sister Risper Nyagoy to include all children belonging to their two sisters as beneficiaries of their late father’s vast  estates.

In her ruling, Justice Tripsisa Cherere also revoked the 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, Kenneth Odhiambo Okuthe as co-administrators of the late Hewson Shimei Nyong’o’s estate

She also  directed Prof Nyong’o and his other siblings who have been benefitting from the property to file an account of Shimei’s estate and certificate of confirmation that had been issued to them, about four years ago that gave them the power to control the estate.

In
the case, Prof Nyong’o’s nephews Mr Okuthe and Geoffrey Omondi had sued
him and his sister Dr Nyagoy for leaving some relatives out of the list
of beneficiaries of their late father’s estate.

They told the court that Prof Nyong’o and Dr
Nyagoy were made administrators of the property after a local chief
certified their mother and other siblings as true beneficiaries.

Mr
Omondi and Ms Fiona Atieno are the late Judith Nyong’o’s children, Prof
Nyongo’s sister. The governor’s other sister is Margaret Awuor, who is
Mr Okuthe’s mother. She died died in 1994.

After
their parents’ death, the two were brought up by their grandfather
Shimei, who died on November 10, 2006. He did not leave a will behind.

The contested property  includes 100 acres of land in Miwani and flats beside Jogoo road in Nairobi. Others are parcels of land are in Manyatta, Tamu, Milimani estate and East Rata in Seme Sub-County, Kisumu.

Justice Cherere said that she
was satisfied that the petitioners were entitled property of the
deceased and that the grant that gave the two (Prof Nyong’o and Dr
Nyagoy) control of the multimillion-shilling property was obtained
illegally.

“I
am satisfied that the grant was obtained by concealment of material
facts and no-disclosure of the applicant’s interest and on the basis of
untrue allegations,” said Justice Cherere. 

In
his response to the case during the hearing, Prof Nyong’o termed the
two as opportunists who wants to take advantage of him now that he holds
as elected post.

He argued that he
helped his nephews Mr Omondi Nyong’o and Mr Okuthe by securing them and
other relatives jobs in public service offices when he served as
minister in the Narc government and the grand coalition.

However  Justice Cherere in her ruling said that since the applicants are working and that Dr Nyagoy had given one of them a piece of land in Kit Mikayi, it does not stop them from inheriting their grandfather’s property.

They have been  directed to file within 45 days.

She further stated that Dr Nyagoy revealed
that except for the land in East Seme where their ancestral land sits,
all Shimei’s estate were commercial properties noting their rent
are collected yet no trust funds account had been opened more than four
years from when the grant was confirmed.

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