By NURU SALIM
A Mombasa court is set to rule on whether two brothers born out of wedlock are entitled to a share of their late father’s multi-million-shilling properties.
The two, Vincent Otieno and Felix Odhiambo, have accused their stepmother, Everlyn Nyaboke, of disowning and locking them out from inheriting their late fathers’ multi-million Properties located in Mombasa and Kisumu.
The succession case involving the estate of the late businessman Benard Aguko emerged immediately after his burial when the two men claimed to be his biological sons filed a petition at the Mombasa High Court seeking nullification of the grant awarded to their stepmother, Everlyn Nyaboke.
The two allege that the grant, which allows Nyaboke to administer the multi-billion-shilling properties, was obtained fraudulently and through concealment of material facts.
In their testimony, the duo told the court that they were deliberately excluded as beneficiaries despite being sons of the deceased and having participated in his burial arrangements.
Odhiambo had also told the court that Nyaboke knowingly failed to disclose their existence when applying for the letters of administration, thereby misrepresenting the status of the estate.
“She never involved us in the succession process, despite knowing we are the biological sons of the deceased. She saw us and even engaged with us during the burial,” Odhiambo said in court.
Nyaboke has, however, denied knowing Odhiambo and Otieno, claiming they are not children of her late husband.
While testifying under oath on Wednesday, Nyaboke told the court she was unaware of any other children the deceased had besides her daughter, Jane. She also opposed the request by the petitioners to conduct a DNA test to prove their parentage, arguing she did not want her daughter to be ‘dragged into the matter’ nor did she want her husband disturbed.
Odhiambo and Otieno, through their lawyer, Hope Makau, had proposed to undergo DNA testing alongside their half-sister Jolly Belinda and one of the deceased surviving brothers to confirm their biological link to the late Aguko.
The contested estate includes two residential apartments, four parcels of land in Kisumu, a commercial establishment at K-City Lounge, a bar and restaurant, a motor vehicle, and five bank accounts holding approximately Sh30 million. The late Benard Aguko also owned apartments in Mombasa, where he passed on.
Pressed by the petitioners’ lawyer to produce evidence linking her to K-City Lounge, Nyaboke claimed her late husband handed the business to her. However, she struggled to confirm whether she had filed any formal documentation proving the transfer of ownership.
The court noted she had not submitted any supporting documents to that effect. The defendant also failed to identify the land parcel on which over 400 shops allegedly stand.
The petitioners also questioned the legality of Nyaboke’s claim to ownership of the K-City Lounge.
The court heard that there was no documented evidence showing the deceased had transferred any interest in the lounge to her.
During cross-examination, Nyaboke was unable to produce any formal documentation proving she was the rightful owner of the K-City Lounge.
“We are even ready to undergo DNA tests with our half-sister and one of our late father’s brothers to prove our paternity,” Odhiambo said in an earlier affidavit.
The court, however, issued summons to officers from the National Registration Bureau for the purposes of verifying the particulars and identification of the duo during the next hearing scheduled for September 4 this year.
