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Jail Nyong'o for not obeying court order, nephew urges court

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By RUSHDIE OUDIA
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A nephew of Kisumu Governor Peter Anyang’ Nyong’o wants him and three of his sisters sent to prison for failing to obey a court order.

The plea came on the day the governor and his sister withdrew an appeal that challenged a High Court order which directed them to include their nephews in the inheritance list for property left behind by their father.

Mr Kenneth Okuthe wants Prof Nyong’o, Dr Risper Nyagoy, Ms Susan Mudhune, Ms Esther Nyong’o and Ms Mary Owiti committed to civil jail for disobeying an October 11 order issued by Justice Tripsisa Cherere.

Mr Okuthe says his uncle and aunts have never rendered an account of his grandfather’s estate as ordered by the High Court.

Justice Cherere directed Prof Nyong’o and his sisters to include their nephews and nieces as beneficiaries of the multi-million-shilling property.

The court also revoked the administration letters and certificate of confirmation of grant that made Prof Nyong’o and Dr Nyagoy the sole controllers of the estate.

The judge appointed Mr Okuthe as a co-administrator of Hesbon Shimei Nyong’o’s estate, estimated to be valued at more than Sh200 million.

The property includes 100 acres in Miwani, Kisumu County, and flats on Jogoo Road, Nairobi.

Others are parcels of land in Manyatta, Tamu, Milimani estate and East Rata in Kisumu County.

On Wednesday, Prof Nyong’o and Dr Nyagoy, through JA Guserwa and Company Advocates, wrote to their nephews — Mr Okuthe and Mr Geoffrey Omondi Nyong’o — signalling their intention to withdraw the appeal, which had sought to delay the implementation of the directive.

In the appeal, Prof Nyong’o and Dr Nyagoy had said they were not satisfied with the ruling.

They added that their appeal had a high chance of succeeding.

In his application, Mr Okuthe wants the five sent to prison “for ridiculing and undermining the institution of the court”.

“This honourable court issued an order to have the respondents — within 45 days from the date of the ruling — to render and file in court an account of the estate from July 9, 2014 when the grant was issued to them but since then, nothing has been done,” Mr Okuthe says.

In the application certified as urgent, Mr Okuthe, through his lawyer Rogers Mugumya, also wants the court to issue an order compelling the administrators of the estate to deposit in a joint interest-earning account, proceeds from the properties, pending the hearing and determination of the case.

He accuses the respondents of disregarding the order and frustrating every effort he has made to ensure the directive is implemented.

Mr Okuthe also says he has attended several meetings with the respondents to discuss the best way forward regarding the court order.

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