Kin disown stepmum in estate row

Two sons of a former prominent Nakuru doctor have disowned their step-mother who was seeking to benefit from a Sh200 million estate left for the family by their deceased father.

Edwin Otieno and Timothy Olweny, sons of Phelesiah Olweny, claim in a succession suit that Norah Olweny was not married to the late Eliakim Washingotn Olweny.

Norah had objected an application by Phelesiah and her two sons seeking to have a letter of administration issued to them to manage the estate of the deceased.

Norah had claimed in her application that she is a widow to the deceased, having been married via Luo customary law and that she was entitled to a share of the estate.

But the sons and their mother objected to the claims saying that Norah was never married to their father.

They claim the medic was legally married under the African Christian Marriage and Divorce Act and therefore lacked capacity to contract other marriages.

“The first objector (Norah) is not a widow to the deceased. The deceased was legally married under the African Christian Marriage and Divorce Act and therefore lacked capacity to contract other marriages,” read part of their reply in court.

The three informed the court that they are the ones managing the estate by settling its liabilities including land rates, rent and other routine maintenance.

They said Norah is a stranger to the estate and lacks locus standi to enjoy relief she is seeking.

According to court records, an objection has been set down for hearing. Affidavit and statements are to be filed and exchanged within 45 days.

The matter will be heard on September 22, 25 and 30, 2019.

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Marriage and Divorce ActEliakim Washingotn OlwenyFamily Property Row