Wamalwa children want case concluded

Saturday November 07 2015

Water and Irrigation Cabinet Secretary Eugene Wamalwa (centre) and Yvonne Wamalwa, widow of the late Vice President Kijana Wamalwa, during the late VP's memorial ceremony on August 23, 2015 at Kitale, Trans Nzoia County. After the late VP's death on August 23, 2003, Ms Nambia applied for letters of administration, which she was granted on September 11, 2003. PHOTO | JARED NYATAYA | NATION MEDIA GROUP


The children of late former Vice-President Kijana Wamalwa want the High Court to determine the 12-year-old succession suit to avoid further wastage of their late father’s estate.

Mr Wamalwa’s daughter Alice Muthoni sued her stepmother Yvonne Nambia in 2003 accusing her of meddling with the estate and failing to account for Sh36.5 million paid to the family by the government as gratuity.

The case was mentioned in court on Tuesday.

After the former VP died interstate (without a will) on August 23, 2003, Ms Nambia applied for letters of administration, which she was granted on September 11, 2003.

On February 18, 2005, the grant was rectified to include Ms Muthoni as co-grantee.

Beneficiaries of the estate include Mr Wamalwa’s widow Ms Nambia, his children – Ms Muthoni, Mr Jabali Jacob, Mr William Wamalwa and Mr William Wamalwa junior.


Others are Ms Michelle Wamalwa and Mr Derek Mboya.

Mr Wamalwa’s late mother Esther Nekesa is also included in the suit as a beneficiary of the estate. She died in 2009.

On April 7, 2015, Family Division Judge Aggrey Muchelule directed the public trustee to take over the management of the estate and consequently warned the director of pensions against making any payments to Ms Nambia or the estate.

“I am persuaded to take these drastic steps because the estate of the deceased is being shared or wasted when there is no full grant applied for, or granted,” said Justice Muchelule.

His ruling was triggered by Ms Nambia’s failure to heed court summons directing her to file an account within 45 days of the money she had received on behalf of the estate and an inventory of the payments she had made from such funds.

The judge had directed her to appear in person and explain her non-compliance.

The judge said the widow has also failed to file a list of all the properties acquired through funds from the estate and a statement of account to showing how Sh10 million deposited with Khaminwa and Khaminwa Advocates to pay the deceased’s debts were utilised.

“It is clear that no action was taken within those days to make account, and there was no extension of time that was sought, or granted.
“It is for this reason that I allow the application and issue summons for the personal attendance of Ms Nambia on a date that the parties will agree on for her to explain the reasons for the non-compliance,” said Justice Muchelule in a ruling on April 7, 2015.

The judge’s ruling arose from an application by Ms Muthoni after she questioned the Sh10m set aside by her stepmother to settle her father’s debts.