Judge quits Moi succession case
Former President Daniel Moi’s grandson Collins Kibet at Nakuru court on July 13, 2021.
What you need to know:
- Mr Collins Kibet wants the court to order the administrator of his grandfather's estate.
- The money is for his family’s medical cover, children’s school fees, food, clothing and transport.
A judge has disqualified himself from a dispute involving distribution of assets owned by former President Daniel arap Moi over claims of bias by the late Head-of-State’s grandson.
Justice Aggrey Muchelule quit the matter yesterday following a request by Mr Collins Kibet, who is seeking Sh30 million from the estate for his financial needs.
In the dispute, Mr Kibet wants the court to order the administrator of his grandfather's estate, believed to be worth billions of shillings, to provide for his maintenance billed at Sh20 million annually.
The money is for his family’s medical cover, children’s school fees, food, clothing and transport, among other expenses. He also wants an additional Sh10 million to start a business so that he can become financially independent.
When the matter came up for hearing yesterday, Justice Muchelule recused himself after Mr Kibet's lawyer, Ms Pearlyne Omamo, asked for the matter to be heard by another judge.
The lawyer said Justice Muchelule was not suitable because he had taken a position in a related matter involving distribution of the estate of Moi’s son, Jonathan Kipkemboi Moi, in which Mr Kibet is also seeking financial maintenance. Jonathan was Mr Kibet’s father.
Justice Muchelule did not oppose or question the lawyer’s request but only remarked that the case “file is like any other matter placed before him and he has no business in it”.
“We have no business in the file. If they feel they won’t get justice, it is okay,” said the judge as he allocated the file to Justice Maureen Odero and directed the parties to appear before her on June 29.
In revealing his financial difficulties, Mr Kibet said he had been evicted from his rental house and the landlord is claiming rent arrears of Sh200,000.
Mr Kibet, 45, is seeking an order compelling lawyer Zehrabanu Janmohamed, who is managing President Moi’s vast estate, to pay for his maintenance based on his father’s share in the estate.
The application is premised on a will left by President Moi, in which he shared his assets among his five sons and stated that in case of the death of any of his sons, their children would be bequeathed their father’s respective share.
Mr Kibet’s father, Jonathan, died on April 20, 2019, while President Moi died on February 4, 2020. Distribution of both estates is under separate court cases. Mr Kibet wants the administrator of the elder Moi’s estate to give him the Sh30 million in a lump sum, as he waits to receive the full share that was to be bequeathed to his father.
He claims he is entitled to more than Sh5 billion from the estate of his grandfather.
Jonathan did not prepare a will on how his estate should be distributed to his family and dependants.
For his part, President Moi had written a will indicating that he owned a parcel of land comprising 931 hectares, which he instructed to be held by the trustees of Kabarak University for the benefit of his five sons equally. They are listed as Jonathan Kipkemboi Moi, Raymond Moi, John Mark Moi, Philip Moi and Gideon Moi.
Mr Kibet is also embroiled in another court dispute with his stepmother over distribution of the estate of his father Jonathan whose wealth is said to be worth over Sh70 billion.
In that matter, he is complaining that he has been excluded from management of a multi-billion-shilling estate and that there is an attempt to disinherit him. He claims his step-mother and half-brother, Sylvia Moi and Clint Kiprono, who are administrators of the estate, have failed to provide for him.
Mr Kibet says they failed to involve him when they obtained the court’s authority to manage the estate and wants the court to nullify the grant of letters for the estate’s administration.
“The deceased’s first house, where the Applicant comes from, is not being provided for and is not among the administrators,” his advocate argues. He wants the court to introduce him as a co-administrator of the estate and the dispute on assets management be referred to mediation.
In addition, Mr Kibet wants the court to stop the administrators from conducting any transaction related to the estate pending mediation.
“The estate is actively being dealt with although the grant for letters of administration has not been confirmed. Funds are coming in (to the estate) and there is no accountability,” the advocate says.
