Kihika children fight to wrest control of Sh600m estate from mothers

Former Nakuru politician Kihika Kimani. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Mr Kihika, a former firebrand politician, died in 2004 leaving behind eight widows and 41 children among them the Nakuru Senator Susan Wakarura Kihika.
  • In 2009, the court appointed four co-administrators, namely Margaret, Alice, Mary and Miriam.

  • The grant was, however, not confirmed after the widows failed to agree on the decision.

  • Last year, three of Kihika’s children joined in the succession battle in bid to oust their four mothers as estate administrators.

The long-standing court battle pitting eight widows of the former Nakuru North MP Dickson Kihika Kimani over the sharing of his Sh600 million property may not be ending soon after it roped in his children.

Mr Kihika, a former firebrand politician who served in three different constituencies during former presidents Jomo Kenyatta and Daniel Moi’s regime, died in 2004 leaving behind eight widows and 41 children among them the Nakuru Senator Susan Wakarura Kihika.

He left behind a multimillion estate property which has been the subject of legal battle with his widows failing to agree on how to share the wealth.

The widows Ms Nyambura Kihika, Lucy Wangari, Jane Wanjiru, Miriam Warau, Charity Nyambura, Margaret Wambui, Winnie Wanjeri and Alice Kihika (Senator Kihika’s mother) moved to court in 2005 seeking for grant of administration of the estate.

In 2009, the court appointed four co-administrators, namely Margaret, Alice, Mary and Miriam.

The grant was, however, not confirmed after the widows failed to agree on the decision.

Eight years since the grant was issued the case has been pending in court as the family kept wrangling over the management of the property.

EJECTING MOTHERS

Last year, three of Kihika’s children joined in the succession battle in bid to oust their four mothers as estate administrators.

The three, Ms Florence Nduta Kihika, Mr Anthony Gichia Kihika and Ms Judy Muthoni Kihika filed an application in the family court in Nakuru to replace their mothers as administrators.

The children claimed their mothers were not in a position to effectively manage the estate, accusing them of wastage.

According to the documents filed in court, the children wanted Ms Alice Kihika, 76, to be replaced by her son Mr Anthony Gichia since she was not available to co-administer the estate.

They further wanted Ms Mary Wangari, whom they claimed is ailing and uncooperative, to be replaced by Ms Judy Muthoni while Ms Margaret Wambui would be her daughter Ms Florence Nduta.

The children further wanted their mother Mirriam Warau to be stripped off the authority to co-manage the estate after they accused her of selling part of the land without authority from the co-administrators

But their case was dismissed in January.

Justice Anthony Ndungu in his ruling noted that applicants had failed to provide sufficient evidence to prove their mothers’ inability to perform their duties as administrators.

CHILDREN'S APPEAL

Dissatisfied by the ruling, the children took their case to the Court of Appeal.

 In the notice of appeal filed on February 8, the siblings want the Court of Appeal to overturn the decision by Justice Ndungu that dismissed their application.

“The applicants herein, being dissatisfied with the ruling of Justice Ndungu delivered on January 24, intends to appeal against the said whole decision,” read part of the notice of appeal.

The application, if allowed, is likely to complicate matters further for the family which has been wrangling for years.

The widows have on various occasions disagreed over the running of the multimillion estates and at a times blamed Senator Kihika for their woes.

However, in the run-up to August 2017 General Election the eight widows announced publicly of their intention to end the wrangles which they said had cast the family in bad light.

Burying their hatchet, they all rallied behind Ms Susan Kihika senatorial bid.

Mr Kihika, a veteran politician served as an MP for Nakuru North in (1974-1979), Laikipia West (1992-1997) and Molo (1997-2002) constituencies.

He succumbed to diabetes-related complications in 2004 while receiving treatment at a Nairobi hospital aged 78 years.