By Kuria Kimani
Kenya is one of the countries that have witnessed high number of bitter court wrangles over succession disputes. To regulate these processes, The Law of Succession, CAP 160, was passed “to amend, define and consolidate the law relating to intestate and testamentary succession and the administration of estates of deceased persons; and for purposes connected therewith and incidental thereto.” The Act sets out how the wealth of a deceased is to be shared out upon their death when there is a will in place or when one dies intestate. However, legal professionals recommend that Alternative Dispute Resolution Mechanisms be employed in solving these matters as court proceedings take up to years to establish a final verdict. Justice Aggrey O. Muchelule reiterated this noting that, “more than 13,000 succession matters worth billions of shillings are pending in court.”
Some of Kenya’s wealthiest personalities have died leaving behind vast estates and wealth valued at mind blowing figures, and unfortunately, their wealth became a thorn in their families flesh resulting in murders, robberies, assault and destruction of the family unit. Below we look at some of the wealthy families that went down this ugly path over the deceased’s wealth.
John Njoroge Michuki
The late John Michuki was a Cabinet Minister of Environment and a successful entrepreneur who died at the age of seventy-nine leaving behind a multibillion empire that became a source of bitter contention among his surviving children. The late penned down his will in 1973 stating that his wife the late Josephine Watiri Michuki and Kenneth Matiba, who was then the East African Breweries executive as his estate’s executors. Unfortunately, Michuki’s wife died shortly after and Kenneth Matiba resigned from his role and thus the couple’s estate was handed to Ms Mutahi and Fred Michuki in March 2013 for execution. The wills stated that the wealth would be shared equally among the children. In a turn of events, Michuki’s youngest daughter, Yvonne Wanja, raised alarm over the incurrence of substantial liabilities by Windsor Golf Hotels and Country Club and severe negligence on the part of her siblings named as executors of the wills. She demanded that the assets be shared equally to which her sister responded saying, “I find it very unfortunate for Wanja to accuse the administrators of failing to disclose assets of the estate…she has, instead of supporting the administrators, engaged in a concerted process to derail the court and delay the confirmation of grants of probate and distribution of assets as per our parents Wills.” To date, the estate battle remains in court awaiting settlement.
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Bishop Elijah Mwangi
The late Bishop Elijah Mwangi passed away on 19th May 2012 leaving behind a vast estate of 577 acres of land in Subukia valued at Ksh 295,000,000. He initially owned 1,805 acres of land, out of which he had shared 1,228 acres among his five children; Loice Wangari, the late Jacob Ihugo, Michael Kamau, Philip Karanja, and David Mungai. Of the remaining 577 acres, Michael Kamau and Philip Karanja are pitted against each other as they cannot agree on its distribution. According to Kamau who was accorded administration of the property, by a Nakuru court, that hosts a house he inherited, the property was to be shared equally among the siblings with each getting 60 acres and Karanja, who had invested and developed the land over years of hard work would get double that and have 120 acres to his name. Karanja however is of the opinion that he is entitled to 420 acres of the parcel as a reward for his hard work and obedience saying “I do not intend to share what I possess because I worked hard for it. The attempts by my siblings are illegal and thus I object the grant issued to them.” The matter is yet to be settled as the internal wrangles continue to weigh down the family.
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Peter Gilbert Njoroge alias Fai Amario
Peter Gilbert Njoroge was an entrepreneur who was among the pioneer suppliers of low-priced alcoholic drinks setting up a successful and heavily profitable liquor business. The deceased’s business called Fai Amarillo Ltd and his entire estate valued at Ksh487 million was left under the sole administration of Miki Ng’ang’a, Fai’s son. This was after he passed away on 23rd May 2010 intestate. Njoroge’s daughter, Marsha Dee, went to court demanding that her brother cover her rent needs, food, education, and medicine until the succession case was concluded. Living with a disability, Marsha said that she was unable to take care of herself despite her late father’s business allegedly generating more than Ksh 25 million every month. Miki went on to respond saying that the facts presented by his sister were false and misrepresented the true state of affairs. In a statement, Mr. Ng’ang’a said, “I am only willing to cater for her on humanitarian grounds since the succession case is still in court.”
John Kagema Mwangi
Equity Bank’s first Chief Executive Officer and Enashipai Resort and Spa proprietor, the late John Kagema died leaving behind a multibillion empire that would become the source of several court cases. After his death, one Ms. Esther Njeri came out saying that she had been married to the billionaire under traditional customary law and thus demanded that she and her son Abraham James Gitangu Mwangi should get a share of his estate. In a series of events, she went on to narrate that the two had cohabited for over seven years and that the late had even bought some cars and later transferred them to her. Beatrice Wanjiku Mwangi, Kagema’s wife, was said to have not fully disclosed his wealth, something that Ms. Njeri was fighting against. She wants the court to cease Mrs. Mwangi’s pursuit of “fraudulent scheme which they intend to perfect by virtue of the position they hold in the management of the estate.” Ms. Njeri said that Kagema’s shareholding in Unaitas, Kenya Breweries, Mines Mining, Mwakawa Investments, Manyatta Limited, Happy Den Hotel, and Mt. Kenya Golf Resort among others had not been disclosed by the widow and her sons entrusted as estate administrators.
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Njenga Karume
The former cabinet minister Njenga Karume passed away on 24th February 2012 leaving behind a multi-billion estate and a will he intended to be used in sharing out his wealth. Njenga Karume left a detailed will that outlined that his clothes would be donated to a charity organization, chattels, household items, and furnishings to his wife Njoki Grace, and further distributions reaching to his grandchildren, driver, cook, and bodyguard. However, the will was contested taking the family to court rooms as they sought different sharing arrangements. The story made it to headlines when one granddaughter passed away over inability to cater for her medical fees. It was only until August 2018 that the court proceedings were halted and the family resolved to Mediation in sharing out the remaining estate after they disposed of some assets in settlement of a Ksh2.5 billion debt.
Gerishon Kirima
The late Kirima Gerishon was a billionaire who had built his wealth in Real Estate, the Njiru slaughterhouse businesses, auctioneering, and was a former Member of Parliament for Starehe. His wealth however became the source of a three-year long court battle in search for an appropriate succession. The bone of contention was primarily between two sides – Kirima’s first family and their step family. The step family, led by Kirima’s third wife Wairimu Teresia and her daughters wanted a share of his wealth despite having been extremely cruel to the old man. On one occasion, she locked Kirima up in his Kitisuru home when he was ailing and it was only after police intervention that he was saved. Taking the matter to court over a 20-acre property in Kajiado, Njiru and Kariobangi properties among more, it was decided that his widow Ms Wairimu and daughter Ms Anne Kirima would be the estate administrators. Fifteen beneficiaries were listed receiving the estate distribution and an additional Christmas bonus of Ksh 500,000 each in 2020.
James Kanyotu
Another family that has fallen into the rambles of succession troubles is that of the late James Kanyotu who was a former dreaded spy chief. Kanyotu was a multi billionaire who owned three investment companies and properties to his name all across Kenya. His palatial home in Tigoni can only be described as a mansion. After his death inestate on 13th February 2008, the scramble for his Ksh 20 billion estate rocked the nation’s headlines. Previously unknown women claiming to have borne his children emerged, individuals claiming to be his children out of wedlock also emerged all seeking a piece of the cake. There were several cases of this nature which propelled the family to apply for Kanyotu’s body to be exhumed and DNA tests initiated to determine the truth of the matter. DNA tests would go on to reveal that the deceased indeed had five other children – Samuel Kimondo, Nyawira Grace, Irungu George, Rose Nyawera, and Christine Wangari. One of the claimants, Willy Kihara Njoki, was however excluded as there was no evidence of relation.
