The siblings of the late Bomet governor Joyce Laboso have accused their brother-in-law Edwin Abonyo of trying to disinherit them of their parents’ property as he seeks to administer the estate of his departed wife.
In filings made before the Family Division of the High Court in Milimani, Mary Chepkurui and Judy Cheptoo have filed objections against plans by Mr Abonyo to administer the estate, saying he has ‘cunningly’ included the estate of their late mother Rebecca and properties that belonged to their late father Fredrick.
In an affidavit, Ms Chepkurui says she learnt of the application, for confirmation of grant on January 18, a day before the hearing of the case.
Through lawyer Davis Sang, she said Mr Abonyo is trying through the petition, to complete another succession case in Bomet– and which had shared out the properties of their late parents.
“… besides (the petition is) illegally attempting to disinherit us by including properties that were not allocated to our late sister in our late mother’s succession proceedings,” she said in the affidavit, adding that although confirmation of grant was made, the properties – including land and shares – have not been transmitted to the respective beneficiaries.
Mother’s estate
Ms Chepkurui said she and her late sister Dr Laboso were administrators of their mother’s estate, holding it in trust of their two other siblings – Judy and their brother David Kipkoech. The land in Sotik is about 180 acres.
“The Estate of my late mother Rebecca Laboso have now been made subject of this instant succession and in spite of a clear mode of distribution therein and the properties not having been transmitted; the petitioner herein has deceptively and or illegally listed them as part of the Estate of the deceased and further distributed them exclusively to himself and the other two beneficiaries,” Mr Sang submitted.
Mr Abonyo had proposed to transfer the parcel in Sotik to his two sons, a move that would ostensibly lock out other beneficiaries of the estate of Laboso.
Further, Ms Chepkurui says Mr Abonyo has also taken over a land in Kericho and proposes to bequeath it to his two sons, disinheriting her and her two siblings.
Whereas they had no problem with Mr Abonyo taking over what belongs to his late wife, including shares at Parliament Sacco, Egerton University Pension Scheme – where she taught before joining politics, they object his move to take over what they termed as their ancestral property.
They also have no objection with him taking the money in her accounts at KCB, Equity, Co-op bank and Absa Kenya as well as land in Kisumu and Nakuru.
Contention
Other properties in contention is a land in Kericho town, a residential house in Sotik and shares held at Itibo Limited, which she and Dr Laboso held in trust for Judy and David. Itibo estate sits on a 250 hectares.
Also contested are shares at the Kenya Grain Growers Cooperative Union Shares, 2,480 shares at Kenya Commercial Bank and shares at Sinendet Multipurpose Cooperative Union, which Dr Laboso held in trust for all beneficiaries of their mother’s estate.
“Kericho/Kapletundo/chemagel BLOCK 1/27 belongs to our late father and has not been subjected to succession thus if the grant is confirmed herein, we stand to be unfairly disinherited,” Ms Chekurui said.
She also said she will lose a plot she inherited from her late mother, which Mr Abonyo has allocated to his sons.
She revealed that KCB, KGGCU and Sinendet shares were to be held in trust for all beneficiaries by herself and Dr Laboso, but they have been allocated to Mr Abonyo’s sons.
Mr Abonyo moved to court last year seeking letters of administration and was granted temporary order by Justice Aggrey Muchelule on June 10.
Dr Laboso died on July 29, 2019 at Nairobi Hospital after battling cancer for several years.
Other than administering the estate, Mr Abonyo also wanted to be substituted and take over a case in which his wife had sued Kenya Civil Aviation Authority for the air accident in which her sister and former Chepalungu MP Lorna Chepkemoi Laboso was killed.
Some of the properties the Laboso family have no issue with include a land in Karen, a townhouse in Kilimani, two parcels of land in Kisumu and a land in Nakuru town and money in several accounts. The case is set for mention on March 24.