Lawyers reap big as families do battle over inheritance

The numerous court cases and multiplicity of claims and counter claims involving the Njenga Karume Trust are evidence that the dispute could drag on in the courts for many years.

All sides in the dispute have opted for the services of the country’s top lawyers including senior counsel George Oraro of Hamilton Harrison and Mathews (incorporating Oraro and Associates Advocates) and Ahmednassir Abdullahi (Ahmednassir, Abdikadir and Company Advocates).

Others are the law firms of Iseme, Kamau and Maema (IKM) advocates, MMC Africa Advocates, Waweru Gatonye and Company Advocates, Mbugua, Atudo and Macharia Advocates, Miller and Company Advocates, and Adera and Company Advocates.

The Karume case is reminiscent of the 34-year court battle involving the family of former Cabinet minister Mbiyu Koinange.

A huge chunk of the Koinange fortune, once estimated to be over Sh10 billion, has gone into the pockets of several lawyers.

At one point in 2011, more than 20 lawyers who had been involved at different points in the fight over Koinange’s billions filed claims for legal fees amounting to millions of shillings.

Another tycoon whose vast wealth is also benefitting lawyers is Gerishon Kirima. The former Starehe MP died in 2010 leaving behind properties estimated to be worth more than Sh700 million.

The scramble for his wealth started even before his death. After he died, family members engaged the services of seasoned lawyers like Fred Ojiambo, Stephen Mwenesi, Wilfred Nyamu and Jotham Arwa. The court battle took five years.

The family of former spy-chief James Kanyotu have turned the fight for his billions into a mega show of betrayal with mother turning against her children and the children turning against each other.

CHALLENGED WILL

The battle for Mr Karume’s wealth started as a normal, procedural inheritance case when IKM law firm, acting as representatives of the executors of Mr Karume’s will, filed an application for letters of grant to allow distribution of the properties.

IKM initiated the process according to the wishes of the late self-made tycoon who, prior to his death in 2013, appointed the firm to mediate in the event of any family dispute.

However, three of Mr Karume’s children, Lucy Wanjiru, Albert Kigera and Samuel Wanjema, challenged their father’s will claiming it was drawn up when he was not of sound mind.

The three also contested the manner in which the Njenga Karume Trust was being managed and sought the removal of the trustees claiming they were mismanaging the businesses leading to massive losses.

The three siblings engaged the services of lawyer Peter Munge from MMC Africa Advocates, one of the top family law firms in the country.

Their sister Dr Francesca Kahiu and brother Henry Waireri Karume, who are both trustees and executors of the will. joined in the fray by opposing the application.

Since the three siblings had also sued the Njenga Karume Trust in its own capacity, the Trust appointed lawyer Tom Macharia from Mbugua, Atudo and Macharia Advocates.

Sensing the magnitude of the dispute, Lady Justice Lydia Achode of the family division in December gave the family three months to resolve their differences out of court so they could concentrate on the succession case for letters of administration.

They did not agree and a hearing is scheduled in June.

OPENED ANOTHER DOOR

Another dispute erupted in March when Lucy, Albert, and Samuel filed another suit at the civil division seeking to stop the trustees from interfering with or disposing of some of the family businesses.

That application opened another door for more lawyers to partake of some of the legal fees. The trustees appointed senior counsel George Oraro while some of Mr Karume’s children who came in as interested parties appointed lawyer Cecil Miller.

Although Mr Macharia was representing the trust, they added lawyer Waweru Gatonye to lead its defence team.

Mr Karume’s widow Grace Njoki, who had initially distanced herself from the cases, sought the services of senior counsel Ahmednassir Abdullahi.

In one instance, the three siblings objecting to the management of the father’s businesses said in a statement they were surprised at their opponents’ legal muscle.

“We are struggling to put all our coins together as individuals to create a fund to pay the lawyers we have engaged to help us salvage our family estate, but the trustees have engaged senior lawyers and are looking to engage an additional law firm from the UK,” said Lucy.

The trustees defended themselves for spending money on lawyers, saying they also have a right to hire any advocate when sued.