The High Court has cleared the way, allowing for the wealth of later former president Mzee Daniel Arap Moi to be shared among his children.
Mzee Moi left behind a will dated November 15, 2005, and had appointed lawyer Zehrabanu Janmohamed to manage his estate as executor and trustee of the will.
According to the will, the former president gave his three daughters Ksh100 million each.
They are; Jenifer Chemutai Moi, Doris Chekorir Moi and June Chebet Moi.
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Moi also left a 931-hectare parcel to be held by the Trustees of Kabarak University for the benefit of his five sons. The land is to be shared equally during their lifetime and upon their death for the benefit of their children.
The sons are listed as Jonathan Kipkemboi Moi, Raymond Moi, John Mark Moi, Philip Moi, and Baringo Senator, Gideon Moi.
Lawyer Janmohamed was greenlit by the High Court on October 9, 2020, to manage and distribute the properties, having obtained the grant of probate of written Will.
However, the distribution process was stalled by court petitions filed against the family.
Two persons, a US-based Kenyan doctor and the family of a former Eldoret chief moved to court to halt the distribution of properties owned by the former president.
Dr George Kiongera, together with Mr David Chelugui (son of ex-chief Noah Chelugui), wanted lawyer Janmohamed stopped from distributing the properties.
On his part, Chelugui wanted Lawyer Janmohamed compelled by the court to factor into the will, Ksh1 billion his family won in a 2019 land battle with the former Head of State.
Kiongera opposed the implementation of Moi’s Will in relation to a Ksh2.5 billion parcel of land in the leafy Muthaiga suburbs.
However, during the proceedings, it emerged that Moi excluded the 19.7-acre Muthaiga land, registered as LR No. 12422/19, from his Will.
“As far as this petition stands, LR No. 12422/19 is not one of the properties subject of the estate of Moi. This is because it was not mentioned in the Will or codicil (the rewritten Will), and it was not mentioned in the petition,” Justice Aggrey Muchelule said in a ruling.
The Codicil is dated March 30, 2010.
Dr Kiongera had argued that the ownership of the land was subject to a pending case at the Environment and Lands Court in Nairobi.
He asked Justice Muchelule to suspend distribution of the estate until the dispute on the Muthaiga land was determined.
Dr Kiongera also sought an order compelling the lawyer to set aside from the estate and deposit Ksh2.5 billion in court or an interest-earning account of the advocates, being the amount he is claiming in the land’s case.
Justice Muchelule said the question of whether the parcel belonged to Moi or not was the jurisdiction of the Environment and Lands court. He ruled that the court could not be asked to halt the distribution of the properties provided for in the Will and codicil.
He said Kiongera could not participate in the distribution process as he was not shown to be a creditor to Moi’s estate.
