The death of acclaimed entertainer and marketing guru Kevin John Ombajo, better known as Big Kev, has exposed an open end to inheritance laws as it turns out that audiovisual wills cannot be enforced.
About that In addition, Judge Lydia Achode said that audiovisual recordings do not qualify as oral wills.
Under Section 9 of Inheritance Law, oral wills are allowed in court, but only if the person who made the declarations is within three Years dies months after the utterance of their last wishes.
Even if the court had accepted the video of Ombajo as an oral testament, it would still be inadmissible because the entertainer more than six months after recording his last wishes of the camera died.
Even then, according to Kenyan law, oral wills cannot be used to revoke written wills.
The only way to Revoking a written will is another on paper.
The court’s decision set a victory and precedent for Ombajo’s widow Tracy Kamene, but being the en tertainer’s sister – Jacqueline Vivian Akinyi – was upset.
Ms. Kamene requested a 2015 written will to distribute her husband’s property, while Ms. Akinyi wanted the courts to rely on a video that Ombajo recorded at his law firm in 2016.
If the courts had accepted the video will, Ms. Kamene would have been the loser.
Ms. Kamene said Ombajo painted her in a bad light and disinherited her, even though they didn’t have serious differences in hers Marriage.
“The recording was only an afterthought and has many inconsistencies that can be used in place of a written will,” said Ms. Kamene.
She insisted that her husband she asked that im Year 2015 to implement affidavits.
Kenya is not alone on the legal issue.
Australia and the US state of New Jersey began finalizing audiovisual wills one year ago. The decision was just a consequence of the Covid-19 pandemic, which has increased the risk of death from physical interaction.
The two jurisdictions have passed new laws allowing citizens to express their final wishes on audio or video recorded for the purpose of succession.
In Kenya, however, there are still no laws and regulations governing the use of audiovisual recordings as a will.
The original plan in Ombajo’s case was not to fully rely on this will leave the video, but the content must be transcribed and signed by the entertainer.
But Ombajo’s health deteriorated before the updated will could be written down and signed.
He died seven months after the video will was recorded.
Aside from contesting the admissibility of the audiovisual will, Ms. Kamene argued that her husband’s state of health was changing at the time kt when the video was recorded and that he might have been manipulated to make changes.
Big Kev became famous as a gospel singer in 1995 before starting an event management corporate and marketing company called Trublaq six years later / p>
The growth of Trublaq made Ombajo a pioneer and revolutionary in event management, as the company later closed large contracts.
He co-owned the event management and marketing company with Ms. Akinyi. < / p>
In the contested video test, Ombajo wanted to transfer all of his shares in Trublaq to his sister.
Ombajo fought a brain tumor for more than a decade and had more than 10 operations.
< p> The tumor was diagnosed in 2010 and he died on July 29, 2017
Ombajo visited his lawyer Rosalinda Nduati from Anjarwalla & Khanna Lawyers on February 20, 2015 to put his final wishes on paper.
The process went well, the documentation ment was signed by witnesses.
The next year would be for the. Entertainers get even tougher when he was diagnosed with optic atrophy – a condition in which cells in the optic nerves disintegrate and lead to blindness.
When Ombajo lost his sight in 2016, a lot had changed in his life.
The entertainer informed his sister about the video will that had made changes to the document drawn up the previous year.
Ombajo then took Ms. Akinyi to his bank and made her a co-signatory to the kept accounts.
He also gave his sister the keys to a safe deposit box and asked her to handle some of his personal affairs.
The tumor grew and he traveled to India for treatment. < / p>
Shortly after his return from India in 2016, Ombajo called his lawyer and told her that he wanted to update the will from 2015.
This time, however, he agreed with Ms. Nduati to have the New Testament recorded on video et will.
Ombajo recorded the video on December 23, 2016 in the offices of Anjarwalla & Khanna Advocates.
The requests were made by Ms. Nduati and two other lawyers – Mr. James Ngugi and Mr. Edwin Mbaru – testified.
Mr. Ngugi was also a friend of Mr. Ombajo, the two had known each other since 1989.
In an affidavit, Mr. Ngugi said that although he had his Si lost ght, Ombajo was still sane, with the entertainer’s usual humor still intact.
The attorney also said Big Kev agreed to have the content of the video put on paper after the 2016 Christmas break after which the entertainer would sign.
But when the festivities were over, Ombajo was not doing well and he would be in the hospital for the next seven months.
He died before The audiovisual will could be converted into a written will.
Although the video will revolution In any case, Ombajo’s main goal was to avoid the tragedy, to lose sight of his desires.
Ms. Nduati copied the video will to a flash drive which was then saved in the offices of Anjarwalla & Khanna .
After the recording, Ombajo called his sister and informed her about the updated will.
Shortly after his funeral, Ms. Nduati invited the entertainer’s family to her office and officially informed them about the video testament.
In addition to the flash drive, Ms. Nduati provided a certificate electronic record to show that the video was legitimate.
The certificate showed that Part of the will was recorded on Ms. Nduati’s phone, while the rest was recorded with an Apple iPad.