The wealth of former President Daniel Moi has been exposed for the first time in an intricate court battle for a share of the multi-billion estate.
One of Moi's grandchildren—the eldest son of Jonathan Moi (deceased) — says in court documents that the true value of his grandfather's wealth is over Sh300 billion.
There have always been lots of questions about what exactly Moi owned, having been at the helm for a record 24 years as president and 11 years as vice president.
Collins Kibet Toroitich Moi says his grandfather's estate, which he terms “vast”, is spread across the world, including the United Kingdom, Australia and Malawi.
Kibet has moved to court alleging a plot to disinherit him as a beneficiary of Moi's estate and blames lawyer Zehrabhanu Janmohamed, the executrix and trustee of Moi's will, for his woes.
“The respondent/executrix has maliciously and unlawfully attempted to disinherit and defraud me out of my beneficial share of the deceased's estate by intentionally excluding me as a beneficiary of the deceased's estate, despite all the material times being well aware that I am the eldest biological grandchild of the deceased,” Kibet says in court papers obtained by the Star.
He alleges that Janmohamed only takes instructions from one beneficiary whom he did not name.
“The respondent/executrix appears to be taking instructions from one particular and undisclosed party despite the fact she should be engaging all estate beneficiaries including myself in a fair, uniform and transparent manner,” he says in the suit papers.
Kibet claims Janmohamed is disposing off Moi's assets without authorisation, giving the example of Siginion Group.
Siginon is an integrated logistics and air cargo solutions provider operating in Kenya, Tanzania and Uganda.
He says the shares in the group's aviation wing were sold for Sh1.7 billion.
“The executrix has demonstrated that she cannot be trusted to solely administer the deceased's estate...the respondent (Janmohamed) has notably failed to account for the status of the said sale proceeds amounting to over Sh1.7 billion despite the applicant's various requests,” he states.
For the first time, he also discloses that Moi owned a 1,000 acres of land known as Kimintet A. No.1, which he says are also earmarked for sale.
“The property known as Kimintet A No.1 measuring over 1,000 acres is currently in the process of being unlawfully and secretly sold to a third party before the impugned grant of probate is confirmed by this Hon. Court as required by law,” he argues.
The Kimintet land is believed to be in Narok county.
Kibet now wants the court to issue urgent interim orders barring the executrix from dealing with Moi's estate.
“There is real and imminent danger that if the interim orders are not urgently issued restraining any further dealings by the the executrix with the deceased's estate, pending the hearing and determination of the summons hereto, these proceedings shall be rendered a mere academic exercise ,” he argues.
The Moi family also owns the 931 hectares held by the trustees of Kabarak University.
In his will, also filed in court, the late President Moi shared his assets equally among his five sons and in the case of the sons' death, as in the case of Jonathan, their children would be bequeathed.
Moi's sons include Jonathan Kipkemboi, Raymond, John Mark, Philip and Gideon.
Kibet is demanding, among others, an accurate inventory of Moi's assets and liabilities and revocation of the powers given to lawyer Janmohammed to manage Moi's estate.
Janmohamed was given the powers to manage Moi's estate on October 9, 2020 after the former President's death on February 4 the same year.
“The impugned grant was obtained by means of concealment of the true value of the deceased vast estate which, stands at over USD $3 billion and encompasses a large number of assets of various classes in multiple jurisdictions which include the United Kingdom, Australia and Malawi,” he states in court.
Kibet says Moi's estate generates what he described as “substantial” monthly income, but he has never benefited despite several request for financial assistance.
He says the trustee is enjoying the fruits of Moi's estate and awarded herself a legal fees of Sh50 million.
In his prayers to court, Kibet wants the executrix compelled to deposit all proceeds of sale of Moi's assets, including Siginion, in a joint bank account and the grant of representation to Janmohamed revoked.
He also wants Janmohamed compelled to to file a full and accurate inventory of Moi's assets and liabilities as well as an accurate account of all her dealings with the estate.
Janmohamed is yet to file her response to the suit by Kibet.