Governor Anyang’ Nyong'o has now requested the High Court to allow him to solve the multi-million shilling property row pitting him and his sister against his nephews out of court.
Geoffrey Omondi Nyong’o and Kenneth Odhiambo Okuthe sued the governor and his sister Risper Nyagoy for allegedly leaving out some relatives from the list of beneficiaries of the family patriarch’s expansive estate.
Past attempts by Justice Thrispisa Cherere to have the family resolve the matter out of court were fruitless as the governor and his sister asked the court to dismiss the case, claiming it was in bad faith.
But yesterday, Victor Obondi, a lawyer for the two, told the court that his clients wanted to solve the matter out of court.
Ms Cherere directed the governor and his sister to commit in writing that they wanted to settle the matter out of court.
On March 5, 2018, Prof Nyong'o and his sister dismissed the case, saying it was filed to embarrass him now that he was governor. This was after earlier attempts by Cherere to have the family resolve the dispute out of court failed.
In a joint replying affidavit, Nyong'o and Nyagoy dismissed the case as incompetent and intended to paint the family in bad light.
They argued that even though Nyong'o took care of the two nephews after their parents died, they were not beneficiaries of their grandfather’s property.
Nyagoy told the court that her brother made sure the two went to school and even found jobs for them, but they were ungrateful and had not been helping their ailing mother.
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“The applicants are not dependents or beneficiaries of the late Hesborn Shimei Nyong’o's estate within the meaning of S.29 of The Law of Succession Act,” said Nyagoy.
Nyongo’s father died on November 10, 2016, without a will.
His estate is estimated to be worth Sh200 million. It includes 100 acres in Miwani under a 99-year lease, land in Manyatta, Tamu and Milimani estates, and in East Rata in Seme sub-county, Kisumu.
It also includes another piece of land that currently has flats along Jogoo Road in Nairobi.
The two nephews have accused Nyong'o and his sister of neglecting the children of Margaret Awuor Dick and Judith Nyong’o, daughters of the senior Nyong’o.
Cherere yesterday directed Nyong'o to file documents within 14 days after which the court will strike out the case.