By: Rhoda Bogeta
https://youtu.be/iJE1U4VNmP8?si=d5fL1kFAYpk3Dsp4
The High Court has dismissed an application by lawyer Lucy Nyamoita Momanyi seeking to introduce additional evidence in a defamation case against former Nairobi Governor Mike Mbuvi Sonko over the administration of a Sh50 billion estate belonging to a deceased Mombasa tycoon.
Justice Janet Mulwa has ruled that allowing new evidence 11 years after the case was filed would prejudice Sonko’s defence.
The judge has noted that the case, filed in 2014, has been pending for over a decade, and Momanyi has had sufficient time to prepare her evidence.
“The application to adduce evidence from two more witnesses is an afterthought and is intended to delay the determination of this case,” the judge has stated.
The court has upheld an objection by Sonko’s lawyer, declining Momanyi’s plea to summon two additional witnesses to support her claim that Sonko defamed her by questioning her conduct in administering the estate of the late James Simon Bellhouse.
Momanyi’s request to lead more evidence has stemmed from Sonko’s challenge for her to specify the corporate clients she allegedly lost due to negative publicity over the dispute.
Testifying at the Milimani High Court, Momanyi has said she resigned from managing the Sh50 billion estate following threats and intimidation by Sonko.
She has told the court that she quit as administrator and trustee of the estate after Sonko confronted her at the Mombasa High Court, accusing her of misconduct in handling the tycoon’s assets.
Court records show that Bellhouse’s Will, written on January 10, 2007, named Momanyi and the tycoon’s widow Joy Nadzua as administrators and trustees of the estate.
Momanyi has claimed that the deceased drafted the Will in her chambers and directed that he be buried at his Shimba Hills farm under Christian rites.
Bellhouse, who died in 2009, left behind vast properties, including 80 acres of beachfront land in Diani, Kwale County, and shares in at least eight companies. Court papers indicate the Diani property alone is valued at Sh48 billion.
In her suit, Civil Case No. 423 of 2014, Momanyi has sought orders restraining Sonko from making any statements about her or her law firm — L.N. Momanyi & Company Advocates — regarding the estate.
She has also asked the court to award her general and exemplary damages for defamation, along with costs and interest.
Momanyi has testified that following her confrontation with Sonko, then serving as Nairobi Senator, the widow filed complaints against her at the Law Society of Kenya (LSK), the Directorate of Criminal Investigations (DCI), and the Ethics and Anti-Corruption Commission (EACC).
She has confirmed being summoned to record statements over alleged death threats to the widow.
Under cross-examination by Sonko, Momanyi has admitted that apart from a June 2010 publication, no other defamatory reports linked to Sonko have been published.
In his defence, Sonko has said he only intervened in the estate matter after the widow approached him for help in recovering assets she believed were missing from the Will.
He has stated that legal experts found the Will “invalid for want of execution,” and that Momanyi ignored his requests for clarification while allegedly warning the widow against engaging with him.
Sonko has claimed that several known properties were omitted from the Will allegedly prepared by Momanyi, leading to disputes between the lawyer and the widow.
He has added that the widow later wrote to the LSK and the Office of the Director of Public Prosecutions (ODPP) and that the media published the contents of those letters.
Sonko has further alleged that the widow reported to police that Momanyi had threatened her life, under OB No. 47/3/047 at Diani Police Station, on his advice.
Sonko has denied defaming Momanyi and has urged the court to dismiss the claim, arguing that she has not provided evidence of malicious intent.
He has also accused Momanyi of defaming him by falsely claiming he was a convict who conned her out of Sh16 million.
Sonko has maintained that his actions helped the widow recover some assets and cash held in bank accounts.
The hearing of the case has been scheduled to continue on March 16, 2026.
