Kakamega house where Mzee Jomo slept fuels sibling rivalry

• Mzee Jomo Kenyatta would sleep in their house as it was the only permanent house in the region
• The brothers engaging in court battles for over 30 years after their father died intestate
• The last born son wants his eldest brother committed to civil jail claiming he failed to execute court orders

When founding President Mzee Jomo Kenyatta visited Western Kenya in the early 1970s, he was housed by tycoon Ligabo Inyama Lusala at his Khayega home because he was the only person with a permanent house, his sons say.

“Our house would host President Kenyatta whenever he visited this region. To date, the house is still there,” said Inyama Ligabo, the last born son.

But the house is the source of family strife that has seen the brothers engage in court battles for 30 years, and now Inyama, the last born, wants his elder brother, Dr Ligabo Machanja, committed to civil jail for failing to execute court orders.

He said his brother has failed to distribute family property as ordered by the court. According to court documents, Dr Machanja, who previously worked with the Ministry of Public Works, was endorsed as the administrator of the estate 14 years after their father died intestate in April 1984.

Upon his death, Ligabo left 57 acres at Ileho in Kakamega, 4.5 acres in Khayega, Kakamega, brown sugar factory, a black stone oil engine, trailers, a tractor and a posho mill. He also had property in Kakamega town, Khayega market in Shinyalu sub-county and undeveloped plots in Mathare (Nairobi) and Eldoret, which Dr Machanja has been the administrator.

According to Inyama, the last born in the family of 10 sons and four daughters, their elder brother has not complied with all court orders directing how the estate was to be shared. In an affidavit dated October 31, 2017, Inyama says that their elder brother has deliberately failed to allocate the beneficiaries their right share of the vast estate as ordered by the court.

Dr Machanja however says he has sold the sugarcane crusher for Sh100,000 through M/SJ.J Mukavale & Co. Advocates and the proceeds shared equally among the 10 sons as agreed. But in a replying affidavit, Inyama challenged his brother to furnish the court with the documents showing how much was realised from the sale.

He further says that a residential plot in Khayega (Plot 10) which was to be shared among seven siblings has not been effected and the rents collected have never been accounted for.

This was in response to Machanja’s claim that the other six beneficiaries, including their brother, Ambeyi Ligabo who is the Kenyan Ambassador to the Great Lakes Conference on Democracy and Good Governance based in Bujumbura, Burundi sold to him (Machanja) all their shares.

Inyama further faulted his brother for saying he sold the jiggery plot and shared the proceeds equally as agreed. In his court documents, Inyama says the family has never shared the proceeds of the said jiggery plot saying, “the petitioner should be put into strict proof to this allegation”.

He further says that the Sh115,000 Machanja was ordered by Justice Isaack Lenaola to pay to his siblings has never been made. Inyama is also dissatisfied with his brother allocating to himself a parcel of land - No Isukha/Shotoshi/1104 - contrary to a court ruling per the confirmation of grant.

“There is no ill motive in the notice to show cause and what we are seeking is our beneficial right as per the Succession Act, failure of which the petitioner should be committed to civil jail for being in contempt,” Inyama concludes in his affidavit.