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The family of late politician Kibowen Komen has lost 66 acres of his multi-million estates to creditors.
High Court judge Samwel Mohochi ordered that the land located within Njoro Sub-County, Nakuru County, be sold and the money be paid to creditors.
The judge directed the administrators of Kibowen's estate - Evans Kimutai, Peter Kipruto, Abdulghani Mohammed, and Abdulkhadir Mohammed - to ensure the excision of the property was done.
"The location of the 66-acre land is known, following surveys done on February 14, 2020, and July 20, 2020. The land is to be sold to pay debts to creditors," ruled Justice Mohochi.
Original title
He ordered the surveyor's reports to apply after the sale and the original title to be surrendered.
The court ruled that the money from the sale should be deposited in a joint account held by the four administrators.
"If an administrator does not cooperate and submit their signature for the bank account opening, then the remaining administrators shall proceed without reference to the uncooperative administrator," ruled Mohochi.
Documents in court show that one of the creditors, Agrisup Limited, proved that Kibowen owed it Sh1,295,000.
The same was owed following an agreement that Kibowen would sell part of his land to Agrisup.
The second creditor is Anne Naanyu, who claims over Sh23 million. The claim has not been proven yet.
In her documents, Naanyu is claiming Sh23, 320,000 alleged refunds of money she was owed by Kibowen over the sale of 185-acre land.
"We refer to a judgment delivered by the court on July 30, 2010. Kindly note that the monies owed to our client are Sh23,320,000," read a letter to Kibowen's family.
Legal fees
The documents state that Sh5 million is the principal sum, legal fees add up to Sh300,000 and the interest for over 18 years at 18 percent per annum totals Sh17,820,000.
Kibowen's kin was, however, divided, with some supporting the sale of the 66 acres while others wanted the land to be valued before the sale was effected.
The four administrators were appointed by former trial judge Teresia Matheka on May 30, 2022.
Kibowen died on February 15, 1997, without writing any will. He was survived by three widows - Rachael Komen, Magdalina Tapsiarkani and Sote Komen.
Rachael is the only surviving widow, and she is fighting her grandsons and stepson to have control of part of the estate.
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