Late President Daniel Arap Moi's grandson Collins Kibet Toroitich, 45, has been evicted from his houses owing to accumulating house rent arrears.
Kibet told the court on Monday, February 7, 2022, that he was evicted last week and has been in the streets since he cannot afford to take care of his family.
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He told Justice Aggrey Muchelule that he has been excluded from the management of the multi-billion shillings estate left behind by his late father Jonathan Kipkemboi Moi.
The former rally driver's estate is currently managed by Kibet's stepmother and half-brother, Sylvia Moi and Clint Kiprono.
Jonathan died without a proper will that indicated how his wealth could be shared out, paving the way for a fierce succession battle.
Kibet accused Sylvia and Clint of failing to provide for him despite being a dependant and biological son of Jonathan.
He is seeking to have the court nullify the certificate of administration over their father's estate that was obtained by Sylvia and Clint.
"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," Kibet’s lawyer Duncan Okatch told Justice Muchelule.
Okatch wants his client introduced as one of the administrators of the estate. He also wants the administrators barred from conducting any transactions 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. He is the eldest son of the deceased," Okatch, said in reference to Kibet.
"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 bonafide dependant.
"We urge for urgency in the 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," he added.
