Biwott owed me Sh800m, Eldoret tycoon tells court

The late Nicholas Biwott's widows Kalista Lessie (left) and friends during a requiem mass of the late former Cabinet Minister and National Vision Party leader, Nicholas Biwott. [Photo by Kevin Tunoi/Standard]

An Eldoret-based businessman has gone to court seeking a share in the estate of former politician Nicholas Kipyator Biwott, who died last year, to recover Sh800 million.

Barnabas arap Kiprono wants to be added as a beneficiary of the politician's vast estate alongside Rhoda Jeruto Biwott, Hannie Biwott and Johana Catherine Kiprono Biwott.

In his application, Mr Kiprono said the politician, popularly remembered as 'Total Man', owed him Sh382 million at the time of his death plus interest arising from six informal loans.

Kiprono, an investor in real estate in Eldoret town, highlighted how he lent Biwott money on different dates and the interests he charged for each amount obtained by the former powerful minister.

His application stated that on November 5, 2015, he gave Biwott Sh50 million, which was to be repaid at an interest rate of 25 per cent.

Interest rate

On December 11, 2015, according to court papers, Kiprono gave Sh35 million at an interest rate of 30 per cent and on January 9, 2016, he gave Sh10 million with interest of 30 per cent.

Kiprono also stated that on February 20, 2016, he gave Biwott Sh2 million to be repaid at a rate of 30 per cent; on March 29, 2016, he gave Sh280 million to be repaid at 18 per cent and on September 2, 2016, he gave Sh5 million to be repaid at 30 per cent.

He said the Sh382 million plus interest accumulated could well amount to about Sh1 billion, which he believed was less than what Biwott owned and could be repaid without any difficulty.

In his application filed at the High Court in Eldoret, Kiprono wanted Johana Catherine Biwott, Rhoda Biwott and Hannie Biwott, who he listed as the biological children and wife of the deceased respectively, to file a succession cause and obtain letters of administration for the estate.

Kiprono is also seeking interim orders to limit transactions on properties he alleges are part of Biwott’s estate and which are registered in his name on freehold and leasehold interests.

The properties include parcels of land namely LR No 108681, LR No 27815 Eldoret Municipality Block 7/40, Eldoret Municipality Block 7/41 and Kwanza/Namanjalala Block 4 (Kapsitwet) and all its sub-divisions.

He alleged that Biwott's death on July 11, 2017, resulted in the halting of payment of the debt, raising concern that the respondents might deal with the suit property in a manner that could adversely affect his right to be repaid.

Three respondents

“None of the three respondents that are tenants in common have taken letters of administration intestate. The applicant is desirous of obtaining letters of administration of the deceased’s estate to recover the debt he is owed,” read part of Kiprono’s affidavit.

He argued that the three respondents were given priority to take charge of the deceased’s estate according to the provisions of Section 66 of the Law of Succession Act, adding that they were liable to settle debts on behalf of the deceased.

The applicant filed the matter in the High Court as Citation Cause 28/2017 seeking conservatory orders to bar any dealings on the properties listed in the suit until the matter was heard and determined.

In his ruling, Justice Hillary Chemitei granted temporary orders sought by the applicant.

“The court grants temporary conservatory orders conserving and preserving the estate of the deceased herein against the applicant and respondents by themselves, servants, agents or employees pending hearing and determination of the succession cause,” read a ruling by Justice Chemitei.

“That the deceased at the time of his death justly and truly indebted to me in the sum of Sh382 million and no part of the said sum has been received by me or any person on my behalf but the whole thereof amount still remains justly due…” stated Kiprono in the affidavit.