Judge’s family fights over Sh30m estate

Nairobi, KENYA: A Will left behind by the late Court of Appeal Judge Moijo ole Keiwua has set apart his widow and a son over the division of his vast estate.

The suit at the High Court in Nairobi pits Ms Peggy Keiwua and her two sons. Ms Keiwua argues her late husband was not in good mental capacity to write a Will.

One of the sons, Mr Tompoi Keiwua, 39, has teamed up with his mother to reject an application by his brother Mr Moshe ole Keiwua, 34, seeking court orders to manage the estate.

According to court documents the estate is worth about Sh30 million. Efforts to have the matter settled out of court have been futile.

In the Will dated September 29, 2011, the judge recognised the wife, two daughters and two sons as beneficiaries.  The beneficiaries are, the wife, Tompoi Keiwua, Moshe Keiwua, Simpai Keiwua, 36 and Nepurko Keiwua, 26.

The former President of the East African Court of Justice died of cancer at Nairobi Hospital on October 9, last year. The Will is dated September 29, 2011, and was witnessed by his lawyer Stephen Mwenesi.

Objections

“The deceased was critically ill and not fully aware of what was going on around him,” says Ms Keiwua.  The widow argues the Will was written 10 days before he died and he was not in a proper mental state. But Moshe insists otherwise.

“If his condition was such that it would affect his mental state and capacity at the time of executing the Will, his legal advisor, Mr Mwenesi, would not have witnessed the same,” he says. Moshe also maintains the mother was present at the time the father wrote the Will and she did not raise objections.

“The deceased was of lucid thought and we engaged in further debate on how his properties would be distributed,” he argues.

Moshe says that in September 2011, his father even proposed the extended family would benefit from his estate. In the Will, the judge says he authorised the wife and Moshe to manage his estate and oversee its distribution.

Before he died records in court indicate the judge held three meetings to discuss the distribution of his estate with the immediate family and two family friends.

Family members present also signed the agreement. The property mainly includes land in Narok and shares in listed companies.

The dispute arose after Moshe filed an application in court seeking orders to manage the estate with his mother. But the mother objected and filed an application in court to block the son from being granted the said orders.

Moshe claims his mother and brother have filed the suit to delay the distribution of the estate.

He claims the mother and Tompoi have been meddling in the management of the estate and have attempted to sell sheep and cattle.

Moshe claims his mother attempted to change ownership of Keiwua’s plots in Narok between January and February last year.

Tompoi is further accused of intimidating employees and family members at the livestock farm in Narok and “proceeded to lock me out of the farm”.

Moshe has asked the court to urgently hear his application to stop the mother and Tompoi from meddling in the management of the estate. But the widow denies all the accusations levelled against her and Tompoi.

High Court Judge William Musyoka has ordered the case be allocated hearing dates on priority basis.

Attribution:

Judge’s family fights over Sh30m estate
Pamela Chepkemei
February 24, 2013
Standard Digital News
http://www.standardmedia.co.ke/?articleID=2000077984&pageNo=1

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