Late President Daniel arap Moi.
A son of former rally driver Jonathan Kipkemboi Moi has opened a new battlefront on the estate of his late grandfather and Kenya’s second President Daniel Moi, which he has estimated to be worth Sh300 billion.
In a fresh application filed at the Family division of the High Court, Mr Fredrick Kibichii now wants he and his two step-sisters as well the late President’s executrix- senior counsel Zenrabanu Janmohamed made administrators of the estate, for purposes of administering the properties that have not been listed in the Will.
The Sh300 billion, according to Mr Kibichii is a list of properties, which are known but have not been included in Mr Moi’s Will.
The estate of Jonathan, who was popularly known as JT, identified 19 beneficiaries of his estate, but besides that, the children have trained their eyes on the bigger estate of their late grandfather, who left a 20 percent stake to each of his sons- Jonathan, Raymond, John Mark, Philip and Gideon.
The beneficiaries had been summoned by High Court judge Hillary Chemitei early this month but they could not agree on a consent that was to be adopted by court on the running of the estate.
One of the reasons for the fallout was that Moi’s grandchildren felt that there are other properties that have not been listed in the late President’s will.
Through Adra Advocates, Mr Kibichii now wants the court to direct that all beneficiaries shall have an equal share in their grandfather’s estate.
“We will faithfully administer according to the law all the estate which by law devolves upon and vests in the personal representatives of the deceased and we will render a just and true account of such estate whenever required by law to do so and we will when required by this court deliver up thereto the said grant,” reads the affidavit.
Mr Kibichii also proposed that he together with senior counsel Janmohamed as well as Ms Ashney Nyagichira Kipkemboi and April Jerop Moi, to be named as administrators of the estate.
Jonathan died on April 20, 2019 and was buried at his farm in Kabimoi, Eldama Ravine.
His first wife, Sylvia had initially stated that her husband was only worth Sh30 million of properties comprising a piece of land in Nairobi’s Industrial Area which is valued at Sh15 million, and shares in Tiro Holdings Limited (Sh10 million) and Nakuru Oil Mills (Sh5 million).
The hearing of the succession case in Jonathan's case is slated for tomorrow (October 30).
Apart from their father’s property, his children were to benefit from Kabarak University, a trust established by the late President to cater for his five sons.
The former President had stated that upon the death of his sons, their children will take over the share held by their father.
Moi's Will
Moi died on February 4, 2020 aged 95 years and had written the Will on November 15, 2005 and made some amendments on March 30, 2010.
In the Will, Moi left behind 931 hectares (2,300 acres) of land and properties in Kabarak to be shared among the five sons.
His instructions were that the ancestral land be shared equally among the sons who will later transfer ownership of their portions to their children.
As for the three daughters- Jenifer Chemutai, Doris Chepkorir and the late June Chebet, Moi gave each one Sh100 million.
Moi appointed Ms Janmohamed the executrix and trustee of the Will and the court has since given her the authority to manage and distribute the properties.
All was well until the grandchildren waded into the succession battle.
In the latest application, Mr Kibichii wants the administrators to provide a full, accurate and comprehensive report or account of all income received from the estate.
Further, he proposes that the administrators be providing an account of income every three months.
He said the liabilities of the estate would be confirmed.
Another application pending hearing is by Clint Moi, who had opposed plans to join their late grandfather’s succession case, until DNA tests are conducted on all beneficiaries.
Clint said in the application that the test should be conducted to confirm the true heirs of the estate of their late father, Jonathan.
The matter had earlier referred to a mediator, who hammered the deal before sending them back to Justice Chemitei for the way forward.
The mediator held several meetings between March 31 and April 18, 2023, and 19 beneficiaries were identified.
The beneficiaries agreed that the estate would cater for urgent medical and education fees of any of the 19 beneficiaries in need, pending receipt of their respective beneficial share on the estate.
The court also had to ensure that each house had representation among administrators.
The house of Beatrice Moi chose daughter April, while Ashney Mary was picked as a representative of the third house of Faith, while Mr Kibichi was picked to represent the fourth house.
In the application, Clint has further contested part of the report arguing that the mediator made far-reaching conclusions based on skewed process and mistake in which mediation decisions were being reached by voting as opposed to actual mediation.
He also says he was not present when the mediator made the conclusions based on a vote and whereas the majority vote carried the day, some of the children included as beneficiaries were not known to the family.
Mr Moi’s grandson said immediately after the mediation report, the new administrators purported to make claims in the senior Moi’s succession case on behalf of the beneficiaries.
“The respondents (administrators) are pushing for the distribution of the estate of Moi without ascertaining who the rightful heirs are, thus stalling the possibility of the case being concluded,” he said in the court documents.
According to Clint, should the succession cause in the Estate of Daniel Moi be heard before his application is determined, part of it is likely to be distributed to persons not entitled to benefit from it.
He also wants the administrators restrained from advancing any claim on behalf of the estate of JT Moi in the senior Moi succession.
“The administrators allegedly now stake a claim of 20 percent in the estate of the late President, which is likely to interfere with the legitimate value of the beneficiaries as indeed the entire estate of the late Jonathan Moi is not entitled to the 20 percent state as claimed,” he said.
