The late Bomet governor Joyce Laboso’s widower and his sister- in-law are tussling over her estate estimated to be worth Sh100 million.
Edwin Jacob Abonyo moved to court last year seeking letters of administration of his late wife’s estate which includes prime property, cash and shares.
Two of his two sons supported the application and he was granted a temporary order by Justice Aggrey Muchelule on June 10, 2020.
Dr Laboso died on July 29, 2019 at Nairobi hospital after a long battle with cancer. It is not clear whether she left a will.
Gazette notice
A gazette notice on the grant was published on February 7, 2021— a move that alarmed the Laboso family.
But Mr Abonyo’s sister in-law, Judy Cheptoo Laboso, moved to court to challenge the grant.
The law of succession requires a publication of a notice in the Kenya Gazette, after an application has been filed. The applicant then waits for 30 days to allow for any objections.
Any person with an objection must clearly state their reservation in court for determination.
If the one month lapses without objection, the court will issue grant of letters of administration.
On January 18 Judy, sought to stop the planned confirmation, through the law firm of Sang & Sang Advocates.
She was given time to file her objection. The case is set to be mentioned on March 24.
Listed properties
Some of the properties listed by Mr Abonyo is a land in Karen, a townhouse in Kilimani, a parcel of land in Kapletundo, Kericho County and another parcel on South Sotik township.
He has also listed shares at Kenya Grain Growers Co-operative Union (KGGCU), two parcels of land in Kisumu, a land in Nakuru town and a residential plot in Bomet town.
Also on the list are KCB Bank shares, shares at Sinendet Multipurpose Co-operative Society and shares at Parliament Sacco. Others are benefits held by the Egerton University Pension Scheme — where Dr Laboso taught before joining politics, and her accounts at KCB, Equity, Co-op bank and Absa Kenya.
Mr Abonyo said the property is estimated to be worth Sh100 million while liabilities have been placed at Sh48 million.
Plane crash case
Other than administering the estate, Mr Abonyo also wanted to take over a case in which Joyce had sued Kenya Civil Aviation Authority for the air accident in which her sister and former Chepalungu MP Lorna Chepkemoi Laboso was killed.
During the last hearing of the accident case, the family wanted the court to compel the government to admit, as evidence in the case, a report dated September 10, 2008 on the plane crash.
But Justice Joseph Sergon dismissed the application, saying that Regulation 20(8) of the Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, restricts the admission of the investigation report as evidence in court.
“To do so would be to put the report in an inappropriate use since the report can only be used for aviation safety. In fact, Regulation 22(5) of the aforesaid regulations provides that a recommendation for preventive action or safety recommendation shall, in no case create a presumption of liability for an aircraft accident or incident,” the Judge said.
In the accident on June 10, 2008, Lorna — then an assistant minister for Home Affairs, died together with Roads Minister Kipkalya Kones.
