The family of former President Daniel arap Moi will share his wealth as indicated in his will.
That was the agreement reached by lawyers representing the executors of Moi's will and children of Moi's eldest son Jonathan.
The children of Jonathan, led by Collins Kibet Toroitich, moved to court seeking a share of their inheritance in what has turned to be a huge fight with the executors of the will.
Moi's written will filed in the High Court's family division in Nairobi shows he left behind 931 hectares (2,300 acres) of land and properties in Kabarak to be shared among his five sons; Jonathan, Raymond, Philip, John Mark and Gideon.
His instructions were that the ancestral land be shared equally among the sons who will later transfer ownership of their portions to their children.
Lawyer Zehrabanu Janmohamed was appointed the executrix and trustee of the will and the court has since given her the authority to manage and distribute the properties.
Moi's eldest son, Jonathan, died before the former President breathed his last and his children have accused Janmohamed of trying to disinherit them.
When the matter came up for mention before Justice Hillary Chemitei at the High Court in Nairobi on Wednesday, the judge noted the will was not contested and asked the parties to draft a consent for sharing the property contained in the will.
Lawyers representing all the parties agreed to draw the consent. The court set October 7, 2024 for a mention to confirm if all parties have signed before the consent is adopted.
Adopting the consent will mean Jonathan's children can get their father's share of the inheritance and distribute it among themselves.
Lawyer Dancun Okatch, who is representing the children, claimed there were many other properties not captured in the will and for which his clients are entitled to a share.
His claim stemmed from an application in which Moi's grandchildren wanted an audit to unearth the extent of the former President's estate.
That application was made by Fredrick Kibichi and April Jerop Moi—all children of Jonathan—who sought orders to have an audit or investigation firm hired to lay bare the magnitude of the wealth.
The firm, they propose, should undertake an extensive probe, extending beyond Kenya, to come out with the truth to guide the distribution of the wealth to all beneficiaries.
Kibichi and April allege that Janmohamed has refused to produce a full and an accurate inventory of the former President’s assets.
But the parties on Wednesday agreed that any other demands arising from the distribution of the estate can be dealt with intestate.
