Were’s father wants widows blocked from estate

By Evelyn Kwamboka and Wahome Thuku

Slain MP Mellitus Mugabe Were’s father now wants the grant of letters of administration made to his two daughters-in-law revoked.

Mr Anthony Were claims this is because an illegal law firm filed all documents in the succession cause and the proceedings to obtain the grant.

It is through Koceyo & Amadi Company Advocates that Ms Maria Palma and Ms Agnes Wairimu applied to the High Court to allow them withdraw Sh1.2 million from their late husband’s bank account.

The Advocates Act requires that only a legal entity can file or take instructions in court.

High Court judge David Onyancha declared the firm illegal recently after it emerged that two advocates were operating it without following the law.

Yesterday, Lady Justice Kalpana Rawal said the court would look into the legal issue of the suit on November 27 and the matter could be referred to the Family Division.

Full diary

If the widows’ suit papers are struck out based on the legality of the law firm, the whole suit may start afresh by the two seeking legal services from another firm.

And a judge has cautioned lawyers against derailing the trial of a police officer charged with the murder of a former Assistant Minister’s son.

The case, which began in February, was yesterday pushed to end of January next year, as the court diary was full. Lady Justice Jessie Lessit warned that the case against Inspector Dickson Mwangi Munene and co-accused Alex Chepkong’a could take long if their lawyers continued asking unnecessary questions to the witnesses.

"If you continue taking unnecessarily too long with witnesses it’s up to you because we will hear this case for ever," the judge said.

Justice Lessit made the remarks after Mr Chepkonga’s lawyer Philip Murgor took almost 40 minutes cross-examining one witness. Mr Munene’s lawyer Kioko Kilukumi had taken five minutes questioning the same witness.

Munene and Chepkong’a are on trial for the murder of James Ng’ang’a Kariuki the son of former Assistant Minister and Gatundu North MP Patrick Muiruri.

Ng’ang’a was shot dead at dawn on January 24, following a brawl at Crooked-Q nightclub in Westlands, Nairobi.

Only one witness Fredrick Opiyo, a bouncer at the club testified yesterday. The prosecution said they had 19 more witnesses to call.

He and some friends had differed with Chepkonga’s group before being thrown out of the club where they had spent the night.

The case began before Judge Muga Apondi who has since been moved from the Criminal Division of the High Court to the Milimani Commercial Division.

Earlier, the defence had objected to having the case taken over by Justice Lessit saying Apondi had already handled many of the crucial witnesses and it should continue before him. But Apondi overruled them saying the matter could proceed before another judge.

Justice Lessit said the court was allocating hearings according to the dates when cases were filed adding that there were other matters pending since 2005.

 

 

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