Ex-PC’s Sh5bn estate to be shared based on affidavits after 13 years in court

The late Charles Karuga Koinange pictured in 1988. [File, Standard]

Judges have ruled former Provincial Commissioner Charles Koinange was incapable of writing a will before he died because he had Alzheimer’s disease.

Therefore, his Sh5 billion estate would be distributed based on family agreement, said the Court of Appeal.

“Taking into consideration the totality of the evidence placed on record in regard to whether the deceased had the mental capacity to make the Will of June 16, 1999, this court has reached the irresistible conclusion that the deceased at the time suffered from Alzheimer’s disease which is a degenerative brain disease that totally affects the cognitive functions of a person suffering from such disease,” ruled the judges.

The court rejected a will presented by his eldest son, former PS Wilfred Karuga, which decreed he was the sole heir of his father’s wealth.

Dr Karuga’s wife, Rosemary Bagenda, who took over the case following her husband’s death, has suffered a blow after the directive that the estate be divided based on affidavits filed by family members.

Testing validity

Appeal Justices Phillip Waki, Asike Makhandia and William Ouko observed that although Karuga held that his late father had made a will on how his Sh5 billion estate would be shared, its validity could not be tested as the person who knew about it (Karuga) had also died.

“The deceased died intestate (without a will) and his estate shall be administered in accordance with the Law of Succession Act and the Probate and Administration Rules,” the judges ruled. 

Mr Koinange, a one-time senior chief, died on February 20, 2004.

He was the brother of former powerful minister in the Jomo Kenyatta regime, the late Mbiyu Koinange, whose family was also entangled in a 36-year succession battle.

The contested will bequeathed Karuga as the sole heir, leaving out his 11 siblings.

In his lifetime, Koinange had acquired immense wealth in form of parcels of land spread over Nairobi, Embu, Thika and Kiambaa in Kiambu; motor vehicles; stocks and shares in no less than 15 public and private limited liability companies; cash in several bank accounts; and moveable household properties, all valued at Sh15 billion.

He was polygamous but his first wife (Grace) died, leaving behind six sons and four daughters.

Her children are Karuga, John Miringu, Paul Mbiyu, Leonard Kangethe, William Kihara and Ernest Ngugi.

She also left behind Mary Wanjira, Marion Wambui, Isabella Wanjiku and Rosemary Gachiku.

In 1960, the deceased married his second wife, Mary Njoki, with whom they had a son and a daughter - Peter Mbiyu and Jaine Wambui.

He had a total of 12 children.

At some point in his marriage, Njoki and the deceased fell out and had an acrimonious divorce process, with numerous other cases along the way. The divorce case was followed by many other applications for sharing of the property.

The court record reads that the immense stress exerted by the divorce and matrimonial property cases accelerated his health problems.

He died before the case was concluded.

Koinange had left a nine-page will dated June 16, 1999 which became the centre of dispute among his children.

Initially, the family led by Karuga, believed the will was authentic, save for few members.

The family appointed three people among them to be administrators. However, all girls filed a caveat in a bid to force their brothers to share the property.

Filed case

Njoki also filed a case seeking to revoke the administration letters claiming her former husband was suffering from Alzheimer’s disease and was incapable of making or executing any will.

Another tussle in the family ensued after all daughters and Njoki filed another application against Karuga, who they accused of meddling with the estate.

They particularly wanted to stop him from collecting rent from some property in Embu and have him account for incomes derived from Mecol Company Ltd, Geminia Insurance Co Ltd, and some bank accounts.

The High Court only allowed the family to access a bank account held by the deceased at Standard Chartered Bank and ordered them to go back to the drawing board in order to settle the administration issue.

Karuga, in cue of the judgment, petitioned for letters of administration but again his application was challenged by the rest of the family.

His siblings argued he held a power of attorney from his father of all his property and was the sole beneficiary of the contested will.

Karuga died a few months later on August 27, 2012.

The court on May 3, 2013 directed the family to file their preferred mode of distributing the estate and Rosemary took her late husband’s position that the estate should be divided in accordance to her father-in-law’s will.

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