- Let the family come to the negotiating table, I don’t want controversies with my friend’s family- Barnabas arap Kiprono aka Lodwar
- Kiporop seeks to obtain administration letters to Biwott’s estate in a bid to recover the loan
It is hard to imagine that the late billionaire Nicholas Biwott, a powerful Kanu-era politician, sourced for soft loans. But an Eldoret based businessman, Barnabas arap Kiprono, has moved to court seeking to recover loans he advanced Biwott whose wealth swept across prime real estate, energy, aviation, large scale agriculture, telecommunications, construction and engineering, milling, ranching and irony of ironies, banking!
Kiprono, a real estate developer, had advanced the money without security. He is seeking to recover Sh382 million inclusive of interest accrued from Biwott’s estate.
Kiprono, said to be one of the wealthiest men in Eldoret, but can easily get lost in a crowd of three, has enjoined Biwott’s wife, Hannie Biwott and two daughters Rhoda and Catherine Biwott in the suit filed at the Eldoret High Court and which has given the three 21 days to respond.
Kiprono, nicknamed ‘Lodwar’ because of his dark complexion and wiry frame also seeks to obtain administration letters to Biwott’s estate in a bid to recover the loan, arguing that he fears if the heirs take charge of the assets, he will be denied the money.
In the Citation Cause 43/2017 at the High Court in Eldoret, Kiprono wants Johana Catherine Biwott, Rhoda Biwott and Hannie Biwott to file a succession cause and obtain letters of administration for the estate so as to allow him to be considered among the beneficiaries since he is a creditor.
The three were served by Kalya & Co Advocates through a daily newspaper advert after a ruling by Justice George Kanyi Kimondo.
Kiprono used the mainstream media after claiming that Biwott’s family slammed the gate to his face when he went to serve them with suit papers. He also adds that efforts to use emissaries to have the matter solved privately did not bear fruit.
Kiprono’s demands followed the Biwott family gazette notice No. 32 published on January 5, 2018 and in which it invited any claims from creditors that the deceased politician owed at the time of his death to contact them before March 6.
According to Kiprono, the three are immediate heirs to Biwott’s vast estate worth billions of shillings and he issued the loans without security.
Kiprono also sought interim orders to limit transactions on properties he alleges are part of Biwott’s estate which were registered in his name on freehold and leasehold interests.
In a sworn affidavit the applicant claims on November 5, 2015 he gave Sh50 million to Biwott to be repaid at an interest rate of 25 per cent, also in December 11, 2015 he gave Sh35 million at an interest of 30 per cent, January 9, 2016 he gave Sh10 million at an interest of 30 per cent.
Kiprono also alleges that on February 20, 2016 he gave Biwott Sh2 million to be repaid at an interest rate of 30 per cent, on March 29, 2016 he gave Sh280 million to be repaid at 18 per cent interest and on September 2, 2016 gave Sh5 million to be repaid at 30 per cent.
He states that the Sh382 million plus interests accumulated could well be about Sh1 billion which he believes is less than what Biwott owned and can be repaid to him without any hustle.
Interestingly, he wants the court to reserve properties that include parcels of land namely LR No. 108681, LR No. 27815 Eldoret Municipality Block 7/40, Eldoret Municipality Block 7/41 and Kwanza/Namanjalala Block 4 (Kapsitwet) and all its sub-divisions which are an equivalent to what the deceased owed him.
He asserts that the death of Biwott on July 11, 2017 resulted to the halting of his debt’s payment raising concern that the respondents may deal with the suit property in a manner that may adversely affect his rights to be repaid.
On January 17, 2018 Kiprono through his lawyer Karen Chesoo filed an application under certificate of urgency requesting the High Court in Eldoret to grant the orders sought.
Part of the affidavit read: “The respondents are people of means and wealth at their disposal thus a flight risk who may leave the country at the detriment of the creditor herein. The application dated November 13, 2017 therefore urgently requires the said orders to be issued urgently since the applicant stands to suffer irreparable loss.”
Justice George Kanyi Kimondo, while ruling on the matter that was heard ex parte on January 19, issued orders to grant the applicant leave to serve the respondent by substituted service by means of Advertisement on one newspaper of national reach.
“Respondents are at liberty to enter appearance in the citation within 21 days after the advertisement and accept or refuse letters of administration of the estate or the court will proceed to grant letters of administration to the said estate to the applicant, your absence notwithstanding,” ruled Kimondo.
According to the family they want to address the claims before effecting the distribution of the property of the deceased powerful politician’s Will, adding that anyone who doesn’t do so within the grace period will be left out.
