Late politician's estate at risk as creditors line up

The estate of the late politician Kibowen Komen is at risk of being auctioned as creditors line up in court, seeking a share of the property.

Since his death on February 15, 1997, his children and grandchildren have been in court fighting over the sharing of his intestate estate.

After 29 years in court, however, Kibowen’s family is now facing a new hurdle as over 300 creditors lay claim on the estate inherited by his son William Komen, who has since also passed on.

It is emerging that the younger Komen, who also served as MP allegedly withheld information on debts owed to creditors and details of property deals allegedly struck with private developers.

Some creditors claim they paid for some of the property Kibowen left to his three widows, two of whom are deceased, siblings, children, and grandchildren.

Among the emerging creditors are approximately 304 individuals led by Alexander Kenda, who moved before Justice Samwel Mohochi claiming ownership of part of Kibowen’s estate, which William had inherited.

The creditors stated they had purchased various plots of land from the younger Komen before his death on June 22, 2019.

“We are seeking recognition for the portions of land we occupy. The same should be surveyed to confirm that our occupation on the parcels aligns with their sale agreements,” read their application.

The group wants the beneficiaries of Komen’s property to acknowledge them as bona fide purchasers and occupants.

Additionally, they are seeking registration documents for their portions as well as formal title deeds.

Isaac Towett, another private developer, is also seeking recognition for a 24-acre piece of land he allegedly purchased from Komen.

Towett wants a regional surveyor assigned to survey the land and confirm the acreage. “The court should also direct the surveyor to prepare a mutation and plan for the Registry Index Map (RIM), allowing the estate administrators to issue me with the necessary transfer documents,” he deposed.

Kibowen’s estate also lost a 66-acre property to creditors 15 years ago, although the same has never been implemented.

In 2010, the High Court authorised the excision and sale of 66 acres from the estate to settle debts owed to creditors.

The dispute over whether the 66 acres should be excised went all the way to the Court of Appeal, but ultimately the orders were maintained.

“Any new application made to challenge the excision of the 66 acres would be dismissed because the same would have been filed out of time, and the appellate court has finalised the dispute,” ruled Mohochi.

Court documents show that another creditor, Agrisup Limited, claims Sh1.3 million from Kibowen. According to the records, Kibowen entered into an agreement with the company for the sale of land, but the agreement was not implemented.

The company wants a refund of the money or the transfer of the property agreed upon.

Another creditor, Anne Naanyu, is claiming more than Sh23 million in a refund arising from the sale of 185 acres of land.

“We refer to a judgment delivered by the Court on July 30, 2010. Kindly note that the monies due and owing to our client are Sh23,320,000,” read a letter from Naanyu’s lawyer.

Judge Mohochi has been forced to suspend new applications by creditors until Kibowen’s estate is distributed.

Kibowen’s estate comprises 3,600 acres of land, petrol stations, shares in East African Breweries, and other parcels of land scattered across Nakuru and Baringo counties.