A son of late rally driver and former President Daniel Moi’s eldest son Jonathan Kipkemboi Moi now wants a DNA test conducted on all children claiming to be beneficiaries of his father’s estate, pending the distribution of the property.
Mr Clint Kiprono Moi said in an application filed at the High Court in Milimani that the test should be conducted to confirm the true heirs of the estate of Jonathan, popularly known as JT.
Last year, a mediator had identified 19 beneficiaries of the estate of Jonathan and a report that was later adopted by the High Court and one child from each of the four houses was picked to be an administrator of the estate.
“That the interest of justice and to promote quick determination of this cause, it is only fair and just that the biological children of the deceased be ascertained,” Clint said in an affidavit.
Jonathan’s first wife- Sylvia and Clint were initially granted a temporary order to administer the estate but the order was limited to offsetting bills and preserving her husband’s estate pending the court’s final determination on the matter.
The case was later referred to a mediator and after several meetings between March 31 and April 18, 2023, 19 beneficiaries were identified.
Justice Maureen Odera later adopted the report ruling that it would be just and equitable for each house to have 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 Fredrick 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 a skewed process and a 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.
Jonathan’s succession case is coming up on February 20 for directions while that of the former president Moi is coming up on March 13.
“That pending the hearing of the application, the proceedings should be suspended,” he urges the court.
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.
Jonathan died on April 20, 2019, and was buried at his farm in Kabimoi, Eldama Ravine.
Ms Sylvia Toroitich Moi, one of the widows of Jonathan Moi holding the portrait of her husband at their home in Kabimoi Farm in Eldama Ravine on April 21, 2019.
Photo credit: File I Nation Media Group
Sylvia had initially stated that her husband was only worth Sh30 million, 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).
Apart from Jonathan’s property, the family will earn from Kabarak University, after the former President Moi listed his five sons—Jonathan, Raymond, John Mark, Philip and Gideon in his Will.
The former President had stated that upon the death of his sons, their children will take over the share held by their father. Trustees hold the property for the benefit of Moi’s sons.
The late President Daniel Arap Moi.
Photo credit: File Photo
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.
