A Kisumu Court has stopped the execution of orders by a lower court directing Governor Anyang’ Nyong’o and his sister Risper Nyagoy to share their father’s multi-million estate with his two nephews pending hearing and determination of the main appeal.
The Court of Appeal sitting in Kisumu was convinced by the appellants (Nyongo and sister) that their application stands a chance to succeed.
The orders now stop the execution of a ruling issued on October 11, 2018 by High Court Judge Tripsisa Cherere.
The judge had directed that Mr Kenneth Okuthe and Geoffrey Omondi be included in the multi-million estate as co-administrators.
The trial court had directed the governor and his sister to render and file in court, an account of their father’s estate from July 9, 2014 when the certificate of confirmation of the revoked grant was issued to them.
The court also lifted the arrest warrant after it established that the duo partially complied with the order after they paid Sh900, 000 fine for disobeying the order.
In a ruling by a three-judge bench comprising Justice Erastus Githinji, Hannah Okwengu and Jamila Mohammed now means that Governor Nyong'o and his sister Dr Nyagoy will not be jailed for one month for disobeying court orders.
“We are satisfied that the applicants have met the two requirements for issuing orders of stay of execution of the orders issued at the High Court,” ruled the three judge-bench.
The hearing date for the main appeal is yet to be set. Governor Nyongo and his sister appealed because they were dissatisfied and aggrieved by the judgment.
The two argued that Justice Cherere erred by failing to consider the petitioner’s evidence produced in court and hence arrived at the wrong findings.
In the matter, the two nephews have sued their uncle and aunt for leaving them out of the inheritance after their mothers (all dead) were left out of the multi-million estate.
The property in contention is estimated to be worth more than Sh200 million and includes 100 acres of land in Miwani and flats along Nairobi’s Jogoo Road. Others are parcels of land are in Manyatta, Tamu, Milimani estate and East Rata in Seme sub-county and Kisumu.