Governor Anyang' Nyong’o (pictured) and his sister Nyagoy Nyong’o yesterday had a reprieve after the Court of Appeal halted the execution of orders compelling them to share their father’s vast estate with their nephews.

The two, who have been engaged in a protracted legal battle with their kin over the multi-million shilling estate, will now await the verdict of an appeal they have lodged at the court.

They had challenged the decision by High Court judge Thrispisa Cherere to revoke the administrative certificate for the property as well as directions to file books of accounts for the property.

Expansive estate

Justice Cherere had also ordered the duo to include one of their nephews as a co-administrator for the expansive estate.

The orders issued on October 11 last year had also directed them to present documents to show they had opened an account for their father’s estate beginning July 9, 2014.

Prof Nyong’o, and his sister had also challenged an order of contempt that was made against them, and claimed they had complied with the orders issued earlier.

Their lawyers Chacha Odera and Judith Gureswa told justices Erastus Githinji, Hannah Okwengu and Jamila Mohamed the judge at the lower court revoked the grant even though there was no application.

They told the court staying the orders would preserve the estate.

Defence lawyer Rodgers Mugumya urged the court to dismiss the applications, arguing that the vast estate stood to be wasted if the orders sought by the governor and his sister were granted.

The court heard that the two paid Sh900,000 to avoid going to jail after the High Court fined them for contempt.

Yesterday, the three-judge bench ruled that the two had made efforts to comply with some of the orders that the lower courts issued them.

“It is evident that an attempt was made to execute the orders of October 11, 2018 and that this resulted in an order convicting the applicants for contempt,” read the judgment.

List of beneficiaries

In the protracted succession battle, Nyong’o’s nephews Geoffrey Omondi and Kenneth Odhiambo sued the governor and his sister for failing to include the former's families in the list of beneficiaries in the multi-million shilling estate.

Last year, Mr Odhiambo made an application in the High Court seeking to have the governor and his sister jailed for contempt after they failed to comply with orders, with the court convicting them to one month in jail.

Nyong'o and his sister, however, did not serve the sentence, opting to pay the fine.

Sh200 million

The property valued at about Sh200 million includes 100 acres in Miwani under a 99-year lease, parcels in Manyatta, Tamu and Milimani estates, and East Rata in Seme sub-county, Kisumu.

It also includes another parcel with flats on Jogoo Road in Nairobi.

In earlier proceedings, Nyong’o and Nyagoy had objected to the inclusion of the two nephews, arguing that they were not beneficiaries of the property.