Moi grandson evicted over rent arrears as succession row rages

Former president Daniel arap Moi's grandson has been evicted from his residential house over rent arrears, as a court battle with his stepmother for provision of financial support persists.

Mr Collins Kibet Toroitich, 45, Monday informed the High Court in Milimani, Nairobi, that he was evicted last week and is now in the streets because he has no money to provide for himself or his family.

According to court papers, the rent arrears have accumulated to more than Sh240,000 over six months.

He claims he has been excluded from management of a multi-billion-shilling estate left behind by his father Jonathan Kipkemboi Moi.

Moi died on April 20, 2019 and his wealth is said to be worth more than Sh70 billion. Moi, a former rally driver, died without a will specifying how his estate should be distributed to his family and dependants, a lacuna that has now set the stage for what could be another protracted succession battle involving one of the country's prominent families.

His son Kibet is now accusing his step-mother and half-brother, Sylvia Moi and Clint Kiprono, of failing to provide for him despite him being a dependant of the estate and a biological child of Moi.

Estate administrators

The administrators of the estate are Ms Moi and Mr Kiprono. Mr Kibet says the two have failed to involve him after they obtained the court's authority to manage the estate, and he is pleading with court to nullify the grant of letters of administration.

"The deceased's first house, where Collins comes from, is not being provided for and is not among the administrators. He was evicted from his house on Friday and is now on the streets. It is saddening, considering the nature of the estate," Mr Kibet’s lawyer Duncan Okatch told Judge Aggrey Muchelule.

Mr Okatch wants court to introduce his client as a co-administrator of the estate to represent his house and the dispute on asset management to be referred to mediation.

In addition, Mr Okatch wants the court to suspend the administrators from conducting any transactions related to the estate pending the 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. He is the eldest son of the deceased," said Mr Okatch, referring to Mr Kibet.

He added: "The co-administrators unlawfully attempted to disinherit the applicant out of his beneficial share in Jonathan's estate by intentionally excluding him as a beneficiary of the estate despite at all material times being aware that he is the eldest biological child of Jonathan and a bona-fide dependant."

"We urge for urgency in determination of our application because he cannot provide for himself or his family. His wife and children cannot believe he is not getting a share. Let us make a provision for him like the others are getting," said the advocate.

Maintenance

Mr Kibet’s estranged wife, Ms Gladys Jeruto and her children, are seeking to join the case so that their maintenance can be provided by the estate, as financial woes in the family deepen.

Moi’s widow is facing a separate attack from two women, Ms Beatrice Mbuli and Ms Faith Nyambura, who want a share of the estate on grounds that they were his wives too.

The two argue that they were sidelined from seeking a piece of Moi’s wealth, and claim that they were married to him in traditional ceremonies.

Just like Mr Kibet, they want the court to revoke and annul the administration letters issued by Justice Muchelule on October 15, 2019. They argue that the document was obtained irregularly due to non-disclosure.

Estate’s worth

According to Ms Moi, her husband’s estate is worth Sh30 million, but Ms Nyambura and Mr Kibet have disputed this. Mr Kibet said his father's estate is worth more than Sh70 billion.

Ms Moi indicated that the estate comprises a piece of land in Nairobi’s Industrial Area valued at Sh15 million and shares in Tiro Holdings Ltd (Sh10 million) and Nakuru Oil Mills (Sh5 million), according to court documents.

But Ms Nyambura claimed the property had been massively devalued. She said the estate is massive and its value runs into the hundreds of millions of shillings.

She claimed that Ms Moi was misappropriating and transferring assets to her name.

Ms Moi got married in 1984, while Ms Nyambura was married in December 2008 in a Kikuyu customary wedding, the court heard.

Ms Mbuli said she was married to Moi on July 17, 1998, in accordance with Akamba customary laws. They had two children -- a boy and a girl -- and that Moi took care of her two other children, she told the court.

Ms Nyambura accused Ms Moi of failing to provide for them and sidelining other widows from participating in the affairs of the estate.

The case will be mentioned on February 28.

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