Inside story of Kisumu governor Nyongo one month civil jail – Weekly Citizen

Fredrick Odiero

A Kisumu court has ordered the arrest of Governor Anyang’ Nyong’o and his sister, Risper Nyagoy, for disobeying court orders in a disputed estate inheritance suit.

The two first failed to appear in court and then failed to pay a Sh400,000/- fine slapped on them.

A warrant of arrest has been issued against the two for disobeying court orders in the estate row pitting Nyong’o against his nephews.

The two are to be committed to civil jail for one month and Justice after Lady Tripsisa Cherere ordered that the county commander to execute the arrest.

Nyong’o and Nyagoy are locked in a property dispute with two of their nephews. The nephews filed an application seeking a six-month jail term for the governor and his sister for contempt of court.

Their nephew Kenneth Odhiambo says in the application that the siblings failed to comply with the court order issued by Judge Tripsisa Cherere in October that they include all their sisters’ children as beneficiaries of their father’s  Sh200 million estate.

The property includes 100 acres in Miwani and flats along Jogoo Road in Nairobi. Others are parcels in Manyatta, Tamu, Milimani estate and East Rata in Seme subcounty, Kisumu.

The same  Court  slapped a total fine of 800,000/- against ’ Nyong’o and  Nyagoy after it found them guilty of contempt.

Lady Justice Cherere ordered the duo to pay 400,000/- each within thirty days or serve one month in default.

The courd had ordered  the two to appear in person for the punishment but they failed to come as directed.

The judge further ordered them to pay  a fine of 50,000/- per motnh if they fail to file books of accounts as directed earlie

The duo was found guilty for contempt of court after failing to comply with an order but failed to appear in court.

Last year in October, Justice  Cherere ordered Nyong’o and Nyagoye to include all the children belonging to their sisters as beneficiaries to their father’s Sh200 million estates.

The nephews filed an application seeking a six-month jail term for the governor and his sister for contempt of court.

Kenneth Okuthe said the two failed to comply with a court order to include them as beneficiaries of their grandfather’s estate.

Nyong’o and Nyagoy’s lawyer Jefferson Museve earlier stated that the matter touched on his clients liberty hence should be given 14 days to have them appear in court.

He said he was unaware that his clients were out of the country  when the dates were being set earlier for sentencing.

Museve  at the time noted that Nyong’o was out of the country in the US and  the country  while Nyagoy who has been in India for treatment.He produced the medical documents.

However Okuthe’s lawyer Rodgers Musemi disagreed with this saying it was a delaying tactic aimed at delaying the finalization of the matter.

Musemi prayed for warrant of arrest to be issued against the two and the orders be executed by the OCS Kisumu Central Police station and overseen by the county commander given the status of the governor.

He noted that there was no tangible evidence produced in the court that the two had been outside the country.

“They should come to court with evidence, all we want is that the sanity and orders of the courts be respected, “he said adding that the court should put its foot down.

He said even president Uhuru Kenyatta had to leave the country to go and attend cases at the international criminal court.

While giving her ruling, Justice Cherere noted that the sanity of the court must be respected.

Nyong’o and Nyagoy are locked in a property dispute with two of their nephews.

In the October orders, Cherere also revoked the administrative letters and certificate of confirmation of grant that placed Nyong’o and Nyagoy as the controllers of the estate. The court appointed one of the nephews as a co-administrator.

The judge also asked the governor and his sister to provide books of accounts for their father’s property including 100 acres in Miwani and flats on Jogoo Road in Nairobi. Other plots are in Tamu, Milimani, Manyatta and East Rata in Kisumu.

Nyong’o and his sister had appealed Cherere’s directive, but failed to get orders to suspend it, hence the contempt suit.

The nephews, Okuthe and Geoffrey Omondi sued the governor and his sister for leaving out and some of their relatives from the list of beneficiaries.

The nephews said they were entitled to inheritance because they grew up under the care of the patriarch.

Nyong’o and Nyagoy failed to make final submissions before the October order was issued. They had initially dismissed the case, saying it was incompetent and intended to paint the family in bad light.

The petitioners said they were happy with the ruling since it upholds the rule of law and administration of justice in the country.

While his siblings Mrs Susan Muthune, Mrs Esther Nyong’o and Mrs Mary Owiti were spared, Prof Nyong’o and Dr Nyagoy were found guilty of disobeying court orders that had directed them to include their nephew’s on the inheritance list for the property left behind by their father Hesbone Shimei Nyong’o.

In the contempt of court proceedings, Mr Okuthe has claimed that his uncle and aunties had not rendered an account of the deceased’s estate as ordered by the court.

He accused the duo of “ridiculing and undermining” the institution of the court.

Mr Okuthe had demanded that the court issues an order compelling the administrators to deposit in a joint interest earning account all proceeds collected from the deceased’s property.