Family wants judge in succession case probed
Brothers Moses Wainaina Muiruri (left) and Joseph Muiruri (right) with their lawyer Daniel Wokabi leaving a Nairobi court on May 7, 2013 after the hearing of a succession case over the properties of their late father Titus Muiruri Doge. PHOTO | WILLIAM OERI | FILE
What you need to know:
- Mr Daniel Njenga, Mr Moses Wainaina and Mr Joseph Mwaniki claim in the letter dated March 3, that they were denied justice
The dispute over the property of a Thika tycoon took a new twist when some members of the family filed a complaint against a High Court judge in connection with the manner in which he handled their succession case.
Three sons of the late Titus Muiruri Doge have written to the Judges and Magistrates Vetting Board, demanding that Mr Justice Luka Kimaru (below) be investigated on issues arising from his ruling in the succession case.
Mr Daniel Njenga, Mr Moses Wainaina and Mr Joseph Mwaniki claim in the letter dated March 3, that they were denied justice in the manner in which the case was determined and want Justice Kimaru investigated for “incompetence and corruption.”
They have filed a similar complaint with Chief Justice Willy Mutunga following the ruling by the judge on November 11, 2013, in which the court shared out the multi-billion-shilling estate.
Judiciary public affairs and communication director Naim Bilal responded that the family should wait for the relevant authorities to deal with the complaint.
“Since the complainants are parties in the case and they have filed a complaint with various offices, they have the right to challenge the decision of a judge in court,” the official said.
In the letter copied to the Judicial Service Commission, the Law Society of Kenya and the Chief Justice, the complainants claim that Justice Kimaru made the ruling in “blatant disregard and erosion of our rights.”
The brothers say that the judge went ahead to determine the matter without first hearing an objection from them challenging some of the documents presented before the court and terming the same as forgeries.
FORGED DOCUMENT
This includes consent of a grant of administration dated June 25, 2007, by their two sisters Esther Njeri Mburu and Ann Wangui Muthee, which the brothers claim was forged.
They say the two married sisters, who presented themselves as the purported administrators of their father’s property, have since been charged with forgery in a Thika court over documents from the succession case.
The brothers said that Justice Kimaru relied on the same document which had “glaring forgery issues, including the purported signature of one of the brothers” in dividing the property of their father.
They asked the Board to take note that most of the property of the late Doge was shared out by Justice Kimaru without verification documents like title deeds while some parcels of land were left out.
The petitioners also point out as another anomaly, the presentation of two death certificates to the court during the hearing with varying entry numbers and different causes of death of the deceased.
