Lawyer defends will in Kirima’s dispute

A lawyer has defended a contested will he drafted for tycoon Gerishon Kirima while he was admitted to a London hospital, saying it should be treated as his last wishes.

Mr Ambrose Rachier told the court that it was his client’s wish to have his property divided the way he instructed him to do and that he had no control over his wishes.

“My experience as a lawyer is that a person can change his will many times, even after every minute and the last will should be treated as the genuine document,” he said.

He said that when Mr Kirima signed his last will, he was in good physical and mental health and appeared to understand the consequences of what he was doing.

Mr Rachier was testifying in the succession dispute between the Kirima family over the management of his vast estate. (READ: Kirima in sound mind when signing will, court told)

At the centre of the dispute are two wills: one allegedly drawn while Mr Kirima was in Nairobi while the other drawn by Mr Rachier while he was in hospital in London.

He said that sometimes in August 2010, he received a call from Mr Kirima requesting him to draw a will, after which he inquired what was to be included in the will.

Mr Kirima told him he had prepared a trust deed detailing how he wished his property to be dealt with after his death.

Mr Rachier said he prepared a draft will, which he wanted to e-mail to his client, but he insisted that he flies to London since he wanted him to keep the will and read it to his family members.

“On September 9 2010, I took him through the will bit by bit, after which he made the necessary amendments,” Mr Rachier said.

The next day, he returned the will and Mr Kirima signed it in front of two witnesses, independent lawyer Owen Thomas Lowry and his doctor Joseph Aluoch.

Mr Rachier said he learnt about the presence of the second will when he summoned the family to read the will he had drafted.