Kubai ‘widow’ in fake will charge

Ms Christina Gakuhi Kiragu alias Christina Gakuhi Kubai, who says is a freedom fighter Fred Kubai’s widow, in a Nairobi court on charges of forging the Mau Mau veteran’s will. PHOTO | PAUL WAWERU

What you need to know:

  • The freedom fighter, who shared cells with founding father Mzee Jomo Kenyatta and four others, referred to as the Kapenguria Six, died on June 1, 1996 aged 79, triggering a fierce battle over the ownership of his vast estate.
  • Mr Justice Luka Kimaru, presiding in the Family Division of the High Court entered judgment in favour of Ms Gakuhi, who the family says was their househelp.
  • June 2014 saw the end of the protracted battle over the assets. It took 16 judges to determine the matter.

The protracted succession row in freedom fighter Fred Kubai’s family took yet another twist yesterday after a woman the court had last June upheld as his widow was accused of forging his will.

The High Court had declared Ms Christina Gakuhi Kiragu alias Christina Gakuhi Kubai the sole beneficiary of Mr Kubai’s vast estate.

Ms Gakuhi was Wednesday brought before a chief magistrate’s court in Nairobi to answer fresh charges of forgery in the 18-year row.

Her plea was however deferred after her lawyer, Mr Gibson Kamau Kuria, raised an objection on the grounds that a grandson of the freedom fighter, Mr Andrew Kamau, had raised the same matter with the High Court, which was disallowed.

SOLE EXECUTOR

Ms Gakuhi was accused of making a hand-written will dated January 19, 1991, purporting it was a genuine will made and signed by Mr Fredrick Polwarth Kibuthu Kubai, appointing her the sole executor of the said will.

She was also charged with faking a national ID card which changed her status from Christina Gakuhi Kiragu to Christina Gakuhi Kubai.

The freedom fighter, who shared cells with founding father Mzee Jomo Kenyatta and four others, referred to as the Kapenguria Six, died on June 1, 1996 aged 79, triggering a fierce battle over the ownership of his vast estate.

June 2014 saw the end of the protracted battle over the assets. It took 16 judges to determine the matter.

Mr Justice Luka Kimaru, presiding in the Family Division of the High Court entered judgment in favour of Ms Gakuhi, who the family says was their househelp.

“She took advantage of our father’s illness and falsified his will, giving her sole rights over his estate,” Mr Kamau told the High Court before the judgment was entered.

The judge, in agreement with William Musyoka, said Ms Gakuhi had validly inherited the multi-billion shilling property.

The children of the freedom fighter and his wives Sofia Muthoni, Rebecca Wangeci, Rose-Ann Grace and Lucy Mwangi held that Ms Gakuhi was never their stepmother of co-wife.

Chief magistrate Pamela Mugure agreed with Mr Kuria and deferred plea taking to October 29.

Ms Gakuhi was released on a Sh150,000 bail following her arrest on Tuesday.