High Court fines Governor Nyong’o Sh400,000 for contempt

The High Court has fined Kisumu Governor Anyang’ Nyong’o and his sister Dr Risper Nyagoy Sh400,000 each for contempt of court.

The duo was found guilty of disobeying orders in an estate row pitting them against their nephews.

Prof Nyong’o and Dr Nyagoy have failed to include their nephews on the inheritance list for the property left behind by their father Hesbone Shimei Nyong’o, as directed by the court.

Justice Tripsisa Cherere made the ruling on Thursday after postponing the sentencing from Tuesday when the two failed to appear in court.

“After the 30 days, should the two continue to disobey the court order issued on October 11, 2018, they will be paying Sh50,000 for every month they fail to submit the books of account as ordered by the court,” ruled Justice Cherere.

Mr Kenneth Okuthe, the governor’s nephew, had asked the court that Prof Nyong’o and Dr Nyagoy be committed to a civil jail for a period not exceeding six months for contempt of the court order issued on last October by the same judge at the Kisumu High Court.

Just like Tuesday, neither the governor nor his sister were present in court during the sentencing, despite their lawyer Jefferson Museve having pledged to have them appear in court for the ruling.

Mr Museve told the court that his clients were not at flight risk and had promised to attend court only for their mother to pass on.

“My clients had given an undertaking as to their attendance in court only to be visited by death. Their sick mother passed on. We are seeking court indulgence to grant them time to mourn and bury,” said Mr Museve.

Mama Dorcas Owino Nyong’o died at 1.55pm on Tuesday at the governor’s residence in Nairobi.

While the Business Daily could not authoritatively establish the cause of her death, a document tabled in court on Tuesday indicated she had suffered a transient ischemic attack, which is a mini-stroke.

Mr Okuthe, through his lawyer Mr Rogers Mugumya, said that though the family had lost a pillar and grandmother to the nephew, he believed that that was not reason enough for his uncle and aunt to fail to attend court for purposes of sentencing.

“The issues being dealt with are issues of compliance of court order. Death is not an extraordinary circumstance. We pray for warrant of arrest to be issued on the two,” said Mr Mugumya.

Justice Cherere stressed the need for respect to the court.

“The excuse of death cannot be advanced and is therefore dismissed. I am not convinced the two could not spare minutes to honour court summons,” she said.

As the court session was ongoing, the governor was at Ciala Resort where he was hosting the Kisumu Africities Summit 2021 attended by the Devolution Cabinet Secretary Mr Eugene Wamalwa and the United Cities and Local Governments of Africa (UCLGA) Secretary-General Mr Jean Pierre Elong’ Mbassi.

The case will be mentioned on July 25 when the court will give further directions.