A court case by a daughter-in-law of former President Daniel Arap Moi has further exposed the disputes over the former Head of State's Sh 300 billion estate.
The case by Milkah Faith Nyambura has brought to light the complexities surrounding the distribution of Mzee Moi's wealth.
Nyambura is one of the widows of the late Jonathan Toroitich Moi who died of pancreatic cancer on April 20, 2019 at the age 64, barely three weeks after being diagnosed with the disease.
Through her lawyer, Nyambura has accused the Moi family of sidelining her children from Mzee Moi's vast estate.
Milkah Faith Nyambura and her late husband Jonathan Moi.
Photo credit: File | Courtesy
Specifically, Nyambura wants the court to order the administrator of Moi’s vast estate to release Sh2.5 million medical bill for an urgent surgery of her son Gift Moi, as they await the outcome of an inheritance case filed before the Milimani Law Courts.
She claims the executor and trustee of Moi’s Will, lawyer Zehrabhanu Janmohamed, has allegedly refused to cooperate and address the issue of the urgent medical bill.
Nyambura has even acquired a pay bill number through which members of the public can channel their assistance.
In another succession case, Jonathan's eldest son Collins Kibet Toroitich Moi claims he has been denied his fair share of the estate.
Kibet and Nyambura are demanding, among other things, an accurate inventory of Moi's assets and liabilities.
They also are also demanding a revocation of the powers given to lawyer Janmohammed to manage Moi's estate.
Last year, Kibet filed a case in the family division at Milimani Law Courts claiming that he was being locked out of the vast estate.
He sought to have lawyer Janmohamed barred from dealing with matters of his last grandfather's vast estate.
Sylvia Toroitich Moi, Jonathan Moi's widow, reads her tribute during the burial service at Kabarak University grounds on April 27, 2019.
Photo credit: File | Nation Media Group
The Moi scion also claimed that the assets had been irregularly transferred in a scheme to disinherit him.
Kibet further said the assets were being disposed of without necessary authorisation from the relevant parties.
He cited the Sh1.7 billion sale of a majority stake in Siginon Aviation, a subsidiary of Moi-family owned Siginon Group Limited in November 2021.
He also has claimed Janmohamed is under the instructions of one of the beneficiaries, whom he did not name in court, to disinherit him.
He further said there is an alleged plan to sell a 1,000-acre piece of land believed to be in Narok County.
“The property known as Kimintet A No. 1 measuring over 1,000 acres is currently in the process of being unlawfully and secretly sold to a third party before the impugned grant of probate is confirmed by this court as required by law,” he said in court papers.
Kibet has petitioned the Nairobi Court, seeking Sh20 million to foot his bills including medical, food, clothing, education, transport expenses and other needs.
He also asked the estate administrator to pay him another Sh10 million to enable him to start a business.
Collins Toroitich Moi at a Nakuru court when he appeared before Senior Resident Magistrate Benjamin Limo on a child neglect case on July 13, 2021.
Photo credit: File | Nation Media Group
Kibet told the court that his late grandfather was worth more than Sh300 billion, and that being Jonathan's eldest son, Kibet is entitled to more than Sh5 billion.
Through lawyer Pearlyne Omamo, Kibet revealed that he was under extreme financial distress and was living on handouts from well-wishers.
In an affidavit filed in court, Kibet, who is also embroiled in a child support case at the Nakuru law courts sought to be paid Sh 30 million, pending the outcome of an inheritance case in the same court.
He said he has three sons aged 18, 21 and 24, whose school fees he has to pay besides catering for their welfare.
Kibet further stated that his wife, Marsha Dee Amario, is officially certified as a disabled person due to debilitating seizures, and that she needs special care which he is unable to provide due to financial constraints.
He also said he was not able to pay his outstanding bills and could not take care of the basic needs of his dependents.
"There is no plausible reason whatsoever for the applicant and his defendants to suffer in the manner that they are suffering when their interests have been expressly catered for in the deceased Will and the deceased estate is well and truly capable of maintaining the applicant's needs and those of his dependents," the affidavit filed in court reads.
Janmohamed was given the powers to manage Moi's estate on October 9, 2020 following the former Head of State’s death on February 4, 2020.
Former Baringo Senator Gideon Moi speaks at the funeral service of his father, former president Daniel Moi, at Nyayo National Stadium in Nairobi on February 11, 2020.
Photo credit: File | Nation Media Group
In the Will, also filed in court, Moi shared his assets equally among his five sons, and in the case of death, as in the case of Jonathan, their children would be bequeathed.
Moi's sons are Jonathan, Raymond Moi, John Mark, Philip Moi and Gideon Moi.
Gideon, the chairman of the Independence party Kanu, is also the former Baringo Senator while Raymond was once the MP for Rongai constituency in Nakuru County.
Court documents seen by the Nation show that Moi's estate includes assets of various classes in multiple jurisdictions which include the United Kingdom, Australia and Malawi.
Moi’s family is arguably one of the richest in Kenya based on the business empire it has built over years, with a net worth estimated to be more than $3 billion (about Sh310.2 billion).
This is wealth accumulated before, during and after the former president’s 24-year rule (1978- 2002), with his children, among them Gideon, expanding the family dynasty further.
Even in retirement, Kenya’s second president remained powerful with his businesses playing a major role in the economy.
According to official and non-official records, the family’s business empire spans real estate, transport, education, hotel industry, banking, aviation, manufacturing, media, agri-business, security and construction among others sectors of the economy.
The late President Daniel Arap Moi chats with a polling clerk after voting in Kabarak University on October 26, 2017.
Photo credit: File | Nation Media Group
According to Africa Confidential, a fortnightly newsletter covering politics and economics in Africa, Moi’s capital is also “held in trust by relatives and friends, and in front companies in Kenya, offshore tax havens and several major international banks.”
The list of property and investments owned or co-owned by the family and its partners is endless, with former Moi’s right-hand man the late Nicholas Biwott’s family being a major investment partner.
His former private secretary Joshua Kulei is another man who has held and run Moi’s multibillion-shilling business empire for decades.
The family has more than 100 companies across different sectors, with interests in many other public and privately owned businesses locally, in Africa and overseas.
Among them are Trans-National Bank, Equatorial Bank, First American Bank, Giro Bank, Giant Forex Bureau, Equity Stock Brokers and Sovereign Group.
The family also owns Standard Group, the parent company to Kenya Television Network (KTN), Standard Newspaper and several radio stations, including Radio Maisha.
After his retirement in 2002, Mzee Moi settled at his expansive Kabarak home in Nakuru County where he was buried.
The late Daniel Arap Moi (left) with former First Lady Mama Ngina Kenyatta at his home in Kabarak, Nakuru on January 21, 2017.
Photo credit: File | Nation Media Group
Although the late president had other homes, including the Kabarnet Gardens home in Nairobi city, he chose Kabarak.
On the farm, which is estimated to be more than 2,300 acres, stands multi-billion properties, including Kabarak Primary School, Kabarak High School, Kabarak University, Kabarak Guest House and a church.
The former president had seven known private residences – one in Nairobi and six in the Rift Valley.
Of the seven, Kabarnet Gardens in the neighbourhood of Kibera slums and Kabarak farm at Rongai are the most well-known.
