Dec 9, 2021

Mawazo Writing Africa

Writing about the main

Moi Will: Former president gave each of his three daughters Sh300 million

A US-based Kenyan doctor and the family of a former Eldoret boss have failed to stop the distribution of property from Moi, who died in February 2020.

Dr. George Kiongera together with Mr. David Chelugui (son of the ex-boss Noah Chelugui), the wanted lawyer Zehrabanu Janmohamed, who manages the huge estate of the late Moi, stopped the distribution of the property.

Mr. Chelugui in turn hired one Solicitor’s request to block the lawyer from receiving the grant receipt so they can distribute the plots, unless a billion shillings his family won in a land battle with the former head of state in 2019 is taken into account.

< p> Dr. Kiongera, on the other hand, was against the implementation of Moi’s will in relation to a property worth Sh2.5 billion in Muthaiga, Nairobi.

But it turned out in the legal proceedings that Moi actually owned the 19.7 hectare Muthaiga -Country, registered as LR No., excluded. 12422/19, from his will of November 15, 2005.

“As far as this petition stands, LR No. 12422/19 is not part of Moi’s estate. This is because it was not mentioned in either the will or the codicil (the newly written testament) and it was not mentioned in the petition, ”said Judge Aggrey Muchelule. The codicil is dated March 30, 2010.

Inheritance of 100 million Shillings

According to the will, Moi left 931 hectares of land to the Board of Trustees of Kabarak University in favor of his five sons.

The sons are listed as Jonathan Kipkemboi Moi, Raymond Moi, John Mark Moi, Philip Moi and Gideon Moi during their lifetime and upon their death for the benefit of their children.

According to the codicil, Moi gave each of his daughters – Jenifer Chemutai Moi, Doris Chekorir Moi and June Chebet Moi – 100 million Sh.

Moi appointed the lawyer Janmohamed as executor and trustee of the will.

On October 9, 2020, the Supreme Court granted the attorney power to manage and distribute the property after receiving a written will as an estate.

However, on October 23, 2020 April 2021, Dr. Kiongera, through his company Maestro Connections Health Systems Ltd, ordered the court to stop the distribution and withhold the attorney from executing the will in relation to Muthaiga’s property.

He argued in court that the ownership of the Land is pending before the Environment and Lands Court in Nairobi.

Disputed ownership

The court summarized three matters affecting ownership of the. concerned prime land that the former president reportedly sold to three different units between 1988 and 2016.

Moi, who died in February last year, is said to have sold the property to DPS International Limited in 1988 and then to Muthaiga Luxury in 2012 Homes Ltd.

The former president reportedly sold the same property again in 2016 to Maestro Connections Health Systems Ltd.

The litigation began in 2016 when all buyers claimed that to be the legal owner of the property.

But Moi, who was president from 1978 to 2002, had filed a counterclaim denying the sale of the disputed property. He argued that he was still the owner of the land he acquired in 1982.

Dr. Kiongera had asked Judge Muchelule to suspend the distribution of the estate until the dispute over the Muthaiga land was resolved >

Distribution process

But the judge said that whether or not the package belonged to Moi falls within the jurisdiction of the Environment and Land Court.

He ruled, that the court could not be asked to stop the distribution of the real estate provided for in the will and the codicile.

The judge said that Dr. Kiongera’s company could not participate in the distribution process as it was not a creditor of Moi’s estate.

Regarding the chief’s family protest on April 26, 2021, the judge found that President Moi had appealed against the dated April 26, 2021 Kisumu Court of Appeal awarded Sh1 billion and that the matter remains to be resolved.

The former boss’ family had asked the court to hold that the grant awarded to Moi’s attorney should not be confirmed until the appeal is heard and was decided.

But the attorney argued that she had not requested confirmation of the granting of an estate and that the question of whether the protester was a believer in Moi’s estate or not would ultimately be decided by the court Appeal process.

“All I want to say at this point is that if the attorney asks for confirmation of this grant of the estate, de m Delivering to protesters who formally protest against the request. At this stage the court will deal with the protest, “said Judge Muchelule.