Judge Rejects ‘After-Thought’ Evidence in Lawyer’s Defamation Suit Against Sonko Over Sh50 Billion Estate

The High Court has dismissed an application by a lawyer to lead further evidence in a defamation case against former Nairobi Governor Mike Sonko, 11 years after the administration of a Sh50 billion estate of a deceased Mombasa tycoon.

The trial judge rejected the plea by lawyer Lucy Nyamoita Momanyi, saying, “It will prejudice Sonko’s defense as she has waited from 2014 to 2025 to make the application.”

The judge observed that the case was filed in court in 2014, and Nyamoita had little time to organize her case.

“The application to adduce evidence from two more witnesses is declined as it is an after-thought and it is intended to delay the determination of this case which has been pending in court for the last 11 years,” the judge observed.

The court allowed the objection by Sonko’s lawyer to dismiss the plea by Nyamoita to call two more witnesses in her quest to prove that she was defamed by Sonko, who questioned her conduct over the administration of the estate of the late James Simon Bellhouse.

Sonko confronted the lawyer at a Mombasa High Court in 2012 after the widow of the late Bellhouse, Joy Nadzusa.

Nyamoita’s bid to lead more evidence arose from a challenge by Sonko that she had not lost any corporate clients, such as banks and parastatals, due to the alleged adverse media reports about her conduct.

While testifying at the Milimani High Court, Nyamoita claimed that she quit administration of the over Sh50 billion estate of a deceased coastal region billionaire following threats and intimidation by Sonko.

Nyamoita told the superior court she resigned as an administrator and a trustee of the estate of the late James Simon Bellhouse after Sonko confronted her at the Mombasa High Court, accusing her of misconduct in handling the multi-billion-dollar estate.

Bellhouse’s WILL was drafted on January 10, 2007, allegedly by Nyamoita’s law firm, L N Momanyi & Co. Adv, Mombasa.

In the Will, Momanyi was allegedly named as one of the administrators and trustees, alongside the tycoon’s wife, Joy Nadzua Bellhouse.

Momanyi testified that the deceased went to her chambers, where he drew the Will, which gave her the power to execute and administer his vast estate alongside Nadzua.

Mr Bellhouse directed them (Momanyi and Nadzua) to bury him at his farm in Shimba Hills under Christian rites when he passes on.

Bellhouse died in 2009, leaving the vast estate which includes 80 acres of beachfront land in Kwale County and shares worth millions in at least eight companies.

Court papers state that the 80 acres in Diani Beach, Kwale County, are worth Sh48 billion.

The plaintiff (Lucy Nyamoita Momanyi), who filed the Civil Suit No. 423 of 2014, is seeking orders to restrain Sonko from talking about her or her law firm (L N Momanyi & Company Advocates) regarding the administration of the estate of the late James Simon Bellhouse.

She is also urging to be paid general damages for defamation.

Further, Momany is asking the court to award her exemplary damages, in addition to the costs of the suit and interest.

Following the confrontation by Sonko when he was Nairobi Senator, Momanyi said the widow filed reports about her conduct with the Law Society of Kenya (LSK), the Directorate of Criminal Investigations (DCI), and the Ethics and Anti-Corruption Commission (EACC).

She testified that she was summoned to record statements to the police on alleged death threats she allegedly made to Nadzua.

Cross-examined by Sonko, Momanyi admitted that, besides the June 2010 publication, no other media reports have been aired or published regarding the former governor and senator.

“In the administration of the Estate of the late James Simon Bellhouse, being a family friend, his widow (joy nadzua bellhouse) approached me to try and assist in the recovery of some of the assets of the estate which she knew about but did not appear on the alleged Will of her late husband,” Sonko states in defense.

Sonko further says Nadzua presented her with a Will, which he states was examined by his legal experts and “was declared invalid for want of execution.”

It is alleged in the court documents that “the letter to the applicant (momanyi) was not executed by the deceased.”

“Thus the contents of the Will became doubtful and I sought clarification from the plaintiff (lucy nyamoita momanyi) who literary ingnored my requests and warned the widow from associating with me if she wanted to inherit anything,” Sonko states in his affidavit of defense.

Sonko claims that the deceased’s known properties and assets were not mentioned in the Will allegedly prepared by Momanyi.

“The applicant feigned ignorance of the assets and documents of titles thus the acrimony that followed between the plaintiff and the widow who read mischief in her conduct,” Sonko states.

The judge heard Nadzua wrote several letters to the LSK and the Office of the Director of Public Prosecutions (ODPP), whose contents were published by the Media.

Also, Sonko alleges the widow called him and alleged that the lawyer had threatened her life, then he advised her to report the matter to the police, “which she did under OB No47/3/047 at Diani Police Station.”

Sonko has denied defaming the lawyer and urges the court to dismiss the claim.

Sonko also alleges Nyamoita defamed him by claiming he (Sonko) “was a convict and had participated in her being swindled about Sh16million.”

Sonko has denied that he defamed Nyamoita and that she has not “adduced any evidence of his intentions to defame her and therefore it would be unfair for the court to grant the orders sought.”

Sonko has stated that after his intervention, the widow recovered some of the properties and assets, including cash held in bank accounts.

Hearing of the case continues on March 16, 2026.