Court orders tycoon's widow, sons to provide valuation report of estate

 

Anne Wanjiru and Norah Atieno outside Nakuru Law Courts after seeking a second injunction to stop the burial process of their late husband Washington Olweny. [Kipsang Joseph, Standard]

The High Court has ordered the late Nakuru tycoon Washington Olweny's widow and sons to file a valuation report of his estate.

Justice Samwel Mohochi said the valuation must include the true record of the late tycoon's bank accounts, property, assets and liabilities of the estate.

Although the estate is estimated to be worth more than Sh200 million, a valuation report has never been done and filed in court.

Olweny, a former Nakuru surveyor, died on November 28, 2016.

Justice Mohochi ordered Phelesiah Akoth and her sons Edwin Otieno and Timothy Ochieng, who are the administrators of the estate, to provide the records.

“The administrators are directed to render true and just account records as required to do so by the law,” ordered the Judge.

He directed the three to ensure they faithfully undertake to administer the estate in accordance with the law and not abuse it.

The directions followed complaints by two women, Norah Atieno and Ann Wanjiru, who are claiming to be Olweny's widows.

Atieno and Wanjiru claimed that Akoth and her sons are unable to administer the estate truthfully and properly.

They argued that some of the late Olweny’s assets have not been valued or made public for the sake of all potential beneficiaries.

The court had earlier ordered that Akoth, Otieno and Ochieng be granted access to Olweny’s bank accounts and his land registration records.

Mohochi noted that since they filed the case in 2017, the three were unable to access the former surveyor's bank accounts or any of his property records.

To ensure they have access, Mohochi issued them with a Limited Grant of Letters of Administration.

“The limited grant of the estate of Olweny is granted to Akoth, Otieno, and Ochieng to enable them to access the deceased's bank accounts and his land registration records,” he ruled.

The court had warned that the limited grant could not be used to distribute Olweny’s estate.

Akoth is fighting her alleged co-wives Atieno and Wanjiru over control of Olweny’s estate after he died without a will.

She wants the duo blocked from the estate, insisting that they were never married to Olweny.

However, Atieno, in her testimony in 2020, said she was married to Olweny and they were blessed with a son, John Odhiambo.

She produced 16 photographs allegedly taken during graduation ceremonies, family gatherings, and birthday parties as proof.

Wanjiru testified in 2021 that she had a joint bank account with Olweny. She also produced 44 photographs as proof she was married to Olweny in the 1980s.

The case will be mentioned on June 18 and be heard on June 27.