Six siblings fight in court over Sh40 million inheritance
The late David Kairu died on 18 August 2011, leaving behind properties in Nakuru and Kiambu counties.
What you need to know:
- The late Kairu died on 18 August 2011, leaving behind properties in Nakuru and Kiambu counties.
- His widow, who had been appointed administrator of the estate, died on September 10, 2015.
Six siblings are embroiled in a bitter dispute over their parents' Sh40 million inheritance.
At the centre of the dispute is a matrimonial home that one sibling is determined to keep against the wishes of his other five siblings.
Mr Timothy Mwangi, a Nairobi-based businessman, wants to keep the house, which he says was given to him by his father, David Kairu, when he was alive.
Appearing before magistrate Heston Nyaga on Friday, Mr Mwangi defended his intention to own the house, which he says is rightfully his.
The late Kairu died on 18 August 2011, leaving behind properties, including the matrimonial home, spread across Nakuru and Kiambu counties.
His widow, who successfully petitioned and was appointed administrator of the estate, also passed away on September 10, 2015.
Deceased's wishes
Mr Mwangi, together with his other sister Faith Wacuka, has however protested the issuance of letters of administration to Monica Wanjiku and Benson Njoroge, insisting that their late father left a will dated June 5, 2007, naming him as the executor.
"That in order to enable M/s Githiru & co-advocate (who were then acting for my mother and are now curiously acting for the administrators) to file an application for confirmation of the said grants, my mother gave clear instructions which were recorded and signed on the letterhead of the advocates," the court papers read.
He insisted that his mother had proposed a division that Mitimingi Mbaruk 5/1613, comprising six acres, should be divided equally among the six children.
"The land on which the matrimonial home was to be registered in my name and that of my mother in accordance with the wishes of my late father and the agreement, the lawyer allegedly advised them to engage the services of a surveyor.
"In accordance with the deceased's wishes and as instructed by my mother, I moved onto the acre on which the house stands and occupied it sometime in 2016," he said.
He said the house had been renovated with money from his pocket and claimed that her younger sister, Edith Kairu, had abandoned the house and left with some important items.
Evicted her sister
He denied allegations that he had evicted her sister, saying she had abandoned the house and taken some furniture and livestock.
In his petition, Mr Mwangi has accused the current administrators of the estate of failing, refusing and neglecting to issue subpoenas and instead asking him to relinquish the administration of the estate.
On the other hand, Ms Wacuka testified that her late mother had instructed that the house be registered in Mr Mwangi's name.
She accused her sister Wanjiku and brother Njoroge of fraudulently obtaining a grant after concealing some information from the court.
She supported Mr Mwangi's application to be appointed administrator of the estate.
"Although I am the first-born daughter of the deceased and rank higher in the order of preference of the person entitled to administer the estate, I'm happy to nominate my brother Timothy to undertake the administration and distribution of the estate," Faith said.
The case will be heard again on 18 March.
