Court gives parties 14 days to settle Fidel’s property dispute

Thursday, November 14th, 2019 05:04 |
Justice Muchelule directed that the matter be mentioned on November 27 to confirm the progress.

The High Court has given parties in the Fidel Odinga’s estate dispute case 14 days to negotiate in view to have the matter settled out of court.

 Phoebe Akinyi Gweno, who is said to have sired twins with Fidel, was allowed to be enjoined in the case as an interested party.

“Parties are allowed to negotiate and the application dated October 18 by interested party (Akinyi) is allowed,” ruled Justice Aggrey Muchelule.

Justice Muchelule directed that the matter be mentioned on November 27 to confirm the progress.

Start negotiations

This is after lawyer Rogers Sagana appearing for Lwam Bekele yesterday told the court they have started negotiations and sought two weeks to conclude the same.

“After your last ruling for the DNA to be conducted the parties met and we have not reached any agreement of settlement yet. We are asking for two more weeks,” said Sagana.

However, Akinyi’s lawyer, John Swaka and   lawyer  Amollo Otiende representing Fidel’s mother Ida Odinga, and sister Winnie did not oppose the request by Sagana to have the parties given more time to negotiate.

At the same time Swaka told the court that it was paramount for his client Akinyi to be enjoined because she is the mother of the twins at the centre of the dispute.

Justice Muchelule allowed Akinyi’s application, saying one could not discuss the children without including their mother.

On October 18, Akinyi sought to be enjoined in the matter as an interested party in the case pitting Fidel’s widow, Lwam, and her in-laws, Ida  and Winnie Odinga.

Akinyi argues she wants to protect the interests of the minors as she is their biological mother.

She objected to have the children subjected to DNA tests, saying she was not interested in Fidel’s property. She said  the DNA test results would negatively affect her children psychologically and dehumanise them.  

Further, she says  she is not interested in the estate of  Fidel and that Ida was using her twins to fight Lwam. 

Akinyi argues the petition by Ida and her daughter, seeking to be the administrator of Fidel’s estate, is marred by ill will and malicious motive.

“The intended interested party (Akinyi) and her children have been left in the middle and owing to that she seeks for leave of court to be enjoined as an interested party to clear the air and give her position on the same,” says lawyer Swaka in the court papers. 

Akinyi told the court that her children were left in between warring parties and wanted an opportunity to clear the air and give her position on the matter.

On October 16, Justice Muchelule ordered for a DNA test as a pre-condition before continuing with the succession case in which the Odingas want to be granted letters of administration alongside Lwam.

Lwam had objected the Odingas’ request saying they had not included the twins’ birth certificates.

But the twins’ mother said she had attached their birth certificates in her affidavits.

The court heard that the late Fidel had left the widow Lwan with one child and now two minors have emerged whose paternity must be established.   

Lwam through her lawyer Sagana had termed her mother-in-law’s assertions as a concoction of facts given that the said twins were born six months after Fidel’s death.

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