By Kamau Muthoni and Fred Makana, Saturday, September 26th 2015 
Two women claiming to be widows of former Cabinet Minister Mbiyu Koinange were dealt a major blow yesterday after the High Court ruled that they have no legitimate claim to his vast estate.
After 35 years and 25 judges, the High Court finally brought the succession battle to rest, with Margaret Njeri and Eddah Wanjiru being disposed. The court ruled that two were not beneficiaries of the late Koinange’s estate valued at Sh17.4 billion.
High Court Judge William Musyoka, being the 25th judge to handle the dispute, ordered the two women to give back what they had acquired from the former powerful minister who served in Jomo Kenyatta’s government.
“As I have found Margaret Njeri and Eddah Wanjiru not to be the widows of the deceased, I hereby declare that they have ceased to be the administrators of the estate of the deceased,” ruled Justice Musyoka.
Lost property
The judge bestowed Mbiyu’s sons David Njunu, Mbiyu Koinange and David Waiganjo the task of managing the estate and recovering what had been lost through fraud.
The three men were ordered to ensure they reposes parcels of land and Ocean View Hotel Ltd which had changed hands under unclear circumstances.
In the case, the court heard that the late Mbiyu Koinange was married to Mrs Njeri but parted ways, only for her to marry his brother Charles Karuga. It was testified that the two (Mbiyu and Njeri) never had children during their marriage.
Wanjiru too claimed that Mbiyu, the man who served in government for 16 years, was her husband.
But the court heard that she was the late minister’s assistant and only cohabited briefly. She too never had a child with the politician and got married to another man just before he passed away.
The man who took in Wanjiru was Harry Reginol with whom she got three children – Silvia Wambui, Phiona Wahu and Benjamin.
The case pitted four families, comprising that of Loise Wanjiru ( first wife) Damaris Mbiyu (second wife), Wanjiru and Njeri.
In total, 21 people were claiming a stake of his estate and shares held in several firms across the country.
Mbiyu’s children claimed some of the assets were not available for distribution for they were sold illegally, pointing fingers at Wanjiru and Njeri.
To facilitate the distribution of Kiambaa/Waguthu/2324, I direct the Land Registrar responsible for Kiambu County to cancel the registration in favour of Wanjiru Mbiyu and instead have the same registered in the name of the estate of the deceased,” the judge ruled.
Wanjiru also lost 11,000 shares in Mombasa’s Ocean View Hotel.
A private firm also lost its claim on the Muthera farm as the judge revoked the transfer of the property. Impulse developers had bought the land in 2005.
The judge directed that the land in Lunga Lunga, Nairobi, be sold to settle all debts accrued by the late minister’s estate. The land is estimated to be worth more than Sh2 billion.
Lawyers who were claiming a share of the estate for representing the children in the case were not spared either. The judge said that they would not have a taste of the estate as legal fees accrued by litigating on behalf of Mbiyu’s kins.
“The matter of advocates kept on coming up in the course of oral hearing, with advocates who previously acted for some of the parties urging me to allow them to have the matter of their fees determined before the distribution of the estate. Advocates fees are not debts of the estate,” he ruled.
Epic case
“An advocate who acts for an estate, administrator, heir or beneficiary does not become an heir or beneficiary. He is therefore not entitled to participate in the distribution of the estate in terms of being catered for as an heir,” Justice Musyoka ruled.
Nearly all the judges in the High Court and Court of Appeal, save for those recently recruited, have in one way or another dealt with the Koinange succession suit. So have those who went home either by retirement or being dismissed by the Judges and Magistrates Vetting Board.
The case was also at one point heard by Deputy Chief Justice Kalpana Rawal. It is among the most unique and epic succession cases in Kenya’s history as more than 50 parallel cases have been filed since the initial case moved to the corridors of justice. For the past 35 years, since succession suit No 527 was filed in court in 1981, little progress had been made to resolve the dispute until yesterday.
No comments:
Post a Comment