US-Based Man Loses Bid to Stop Distribution of Moi’s Estate

Dr George Kiongera, a Kenyan based in the US, has failed in his bid to stop the distribution of the estate left behind by former President Daniel Arap Moi.

Through his company Maestro Connections Health Systems Ltd, Kiongera wanted the court to bar lawyer Zehrabanu Janmohamed from distributing the properties pending the determination of a dispute over the ownership of a Sh2.5 billion property in Muthaiga, Nairobi.

In its petition, Maestro Systems claimed it bought an eight-acre parcel in Muthaiga from Moi in 2016, and the property was registered in its name but three other institutions came forward claiming to have purchased the same parcel from Moi.

Maestro wanted the court to set aside Sh2.5 billion from Moi’s estate being the amount it is claiming in the land dispute case. 

The petitioner also wanted the court to compel lawyer Janmohamed to disclose whether the disputed property was included in Moi’s will. The attorney told the court that the said property was not mentioned in Moi’s Will or Codicil.

“If that is the case, then there is no connection between the ELC cases and the ongoing succession cause in respect of the estate of the deceased. If it turns out that LR No. 12422/19 was the deceased’s property, and it was not mentioned in the Will or Codicil, then it will be the subject of the intestate succession,” Justice Aggrey Muchelule said while dismissing the petition on Thursday.

“I have also indicated that if it turns out that it belonged to the deceased, and it was not part of this probate petition, it will be the subject of intestate succession. Until then, this court cannot be asked to set aside the Sh2,500,000,000 or any amount related to the dispute in the ELC court, in the instant petition.”

Similarly, the judge dismissed a second petition filed by the family of former Chief Noah Chelugui who sought to have the execution of Moi’s will suspended until it is paid Sh1 billion awarded to them in 2019 following a court battle with the former president.

Judge Muchelule ruled that the family should wait until lawyer Janmohamed obtains the confirmation of her authority to execute the Will and distribute the estate.