Justice Aggrey Muchelule has disqualified himself from a dispute involving the late former President Daniel arap Moi assets distribution over claims of bias by his grandson.
Collins Kibet’s lawyer, Pearlyne Omamo asked for the matter to be heard by another judge stating that Muchelule was not suitable because he had taken a position in a related matter involving distribution of the estate of Moi’s son, Jonathan Kipkemboi Moi, in which Kibet is also seeking financial maintenance. Jonathan was Kibet’s father.
Justice Muchelule did not oppose or question the lawyer’s request but only remarked that the case “file is like any other matter placed before him and he has no business in it.”
“We have no business in the file. If they feel they won’t get justice, it is okay,” said the judge as he allocated the file to Justice Maureen Odero and directed the parties to appear before her on June 29.
In the dispute, Kibet wants the court to order the administrator of his grandfather’s vast estate to pay the money as they await the outcome of an inheritance case.
Kibet had moved to court accusing Zehrabhanu Janmohammed of a plot to disinherit him. Senior Counsel Janmohammed is the executrix of Moi’s vast empire.
He told court that his grandfather was worth over Sh300 billion and is seeking Sh30 million from the estate for his financial needs.
The money is for his family’s medical cover, children’s school fees, food, clothing and transport, among other expenses.
He also wants an additional Sh10 million to start a business so that he can become financially independent.
He said the inheritance case was fixed for directions on July 19, a time he argues is too far because payment of his bills is overdue.
“July 19 is too far off noting that there is a looming deadline from the applicant’s former landlord to pay his outstanding rent of Sh200,702 by April 19,” the affidavit reads.
Kibet said he is an orphan. His father died in 2019 after the mother passed away two years earlier. Jonathan was Moi’s eldest son.
In his will, also filed in court, 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.
