Widows, son of late MP decline executor role in Sh1b estate row

Pinkam House in Nakuru City. The house is among prime property at centre of succession dispute among family of late Nakuru MP Philip Kamau. [Harun Wathari, Standard]

Three widows and the son of former nominated Member of Parliament Philip Kamau have declined their court-appointed roles as executors of his will, sparking renewed controversy in a family estate case that has dragged on for more than three decades.

On September 29, 2023, the High Court appointed Kamau’s widows — Teresia Njeri, Margaret Damat, and Lucy Wanjiru, along with his son Joseph Njuguna, as executors of Kamau’s will.

This followed the death of the original executor, Lawyer Juma Kiplenge, on October 7, 2022. However, to date, none of the four have accepted the role.

According to documents filed by Kamau’s daughter, Elizabeth Wanjiku, the four declined the responsibilities because doing so would require them to relinquish control of the majority of the estate, which they currently oversee.

Wanjiku claims the four have intentionally delayed the succession proceedings, ongoing since 1983, to maintain possession of over 90 per cent of the estate, disadvantaging more than 20 other beneficiaries.

Through her lawyer, Kamau Kuria, Wanjiku told Judge Patricia Gichohi that she had proposed the four be confirmed as executors and that the uncontested portion of the estate be distributed to all beneficiaries. Kuria said they have yet to respond to the proposal.

Kuria argues that the four are reluctant to act as executors because it would require them to account for and distribute a substantial portion of the estate.

“They do not wish to distribute the estate because they are the de facto administrators and are currently benefitting financially from it,” he said.

Kuria noted that the succession battle has continued since the death of Wanjiku’s mother, Alice Kahaki, on August 25, 1993. Kamau passed away on May 1, 2012. He now wants the court to compel the four to take up the executor roles and distribute the uncontested part of the estate.

In response, the four deny delaying the case and argue that they require a complete typed record of the three interrelated succession matters. These, include the succession case for Kahaki’s estate, Kamau’s inheritance case, and a case aimed at separating Kahaki’s estate from Kamau’s.

One of the widows revealed that they have also filed an appeal against the court’s ruling that appointed them as executors, maintaining they do not wish to take on the role.

Judge Gichohi recently urged the family to resolve the long-standing matter amicably. “Put yourselves in the deceased’s shoes. He died, and his estate is still undistributed. You need to find common ground and settle the matter,” she advised.

Kamau’s will reportedly allocated the majority of his vast estate to his three widows and son, while Wanjiku and some of her siblings were left with just one per cent.

The estate includes high-value properties, such as Pinkam House and Molo House in Nakuru City, a slaughterhouse, a funeral home, prime plots, residential properties, commercial shops, vehicles, and substantial bank savings. It also includes shares in Mwariki Farm Limited, Kiamunyi Farm Limited, Embakasi Ranching Limited, and Mangu Enterprise Limited.

The case will be mentioned on June 26.