The High Court in Murang'a has allowed Peter Mwangi, an outsider, to inherit part of a multi-million property belonging to Murang'a businessman, the late Eliud Wairagu.
Mwangi, who was Wairagu's neighbour, sued his 22 children for leaving him out of a succession case they filed over their deceased father's inheritance.
In his summons dated January 13, 2020, Mwangi told Justice Kanyi Kimondo that before he died, Wairagu gifted him 1.24 acres of his property upon his request in 1980.
Wairagu died intestate on December 5, 2005 at Kanyenyaini in Murang'a, leaving behind tracts of land and plots, shares in known and unknown companies, Saccos and monies in banks.
The deceased married Grace Njeri and Gladys Gachambi, and both women died while the succession case was ongoing in court. Njeri had 10 children with Wairagu, while Gachambi had 12.
Mwangi told the court that he developed the property to its current market value of Sh26.3 million, as per a valuation report dated January 27, 2020.
"I assumed the deceased sympathised with me and that is why he gave me a building site," said Mwangi.
He said he was unwilling to surrender the areas under tea and trees, as they were bulwarks against soil erosion.
According to Mwangi, no one challenged his possession of the property since 1980 and it was unfair for the administrators to leave him out of the summons for confirmation of grant.
However, the 22 siblings united in opposition, claiming Mwangi was only entitled to 0.1 acres to build a house, as he owned adjacent land whose hilly terrain was too steep to build on.
In his August 29, 2022 judgment, Judge Kimondo noted Mwangi had been in occupation of a portion of the parcel and had built a permanent house, servant's quarters and other buildings.
"I find from the evidence that the interested party (Mwangi) was neither a son of the deceased nor was any consideration paid. He however owned a separate or adjacent property measuring about four acres," said Judge Kimondo.
The judge said it was clear Wairagu had an intention of giving the property to Mwangi during his distribution.
"I readily find a place to build cannot stretch to over 1.24 acres and it would be unjust, selfish and inequitable to spread it to 1.24 acres and leave 22 children with only 0.5 acres each," he ruled.
He ruled that the area covered by trees and tea should be surrendered to the children for subdivision.
