Fortune or curse? The 14-year-old feud over Kirima's vast empire rages on endlessly

GERISHON-KIRIMA.[Courtesy] For 14 years, former Starehe Member of Parliament Gerishon Kirima's family was a Tower of babel. Kirima's death in 2010 lifted the lid on deep-seated differences between his widow and step-children, igniting a fierce battle for control of his vast estate. Hours after his passing, Kenyans first heard of Teresiah Wairimu through the media. Why? One faction of the family had ostracised her, accusing her of squandering the old man's hard-earned wealth, siphoning assets for herself and her children and exploiting Kirima's frailty, failing vision, and dementia. Purblind and incapacitated by diabetes and old age, the former lawmaker passed away at 88, never getting the chance to resolve the turmoil in his home. During his heyday, he amassed billions through real estate, blue-chip company shareholdings, auctioneering, and butchery businesses. Yet, he died in misery as his family waged war over his vast empire. Ironically, the very fortune Kirima built over the years became the root of his family's strife, with inheritors battling over their share. The family feud played out like a Mexican soap opera, with both sides airing their dirty laundry in public and making countless court appearances. New administrators It all began when Kirima's stepchildren threw Teresiah out of the Kitisuru home, even having her household belongings dumped at her rural home in Nyeri-a symbolic act of forced divorce. Justice Patricia Nyaundi eventually stepped in to end the battle, stripping Wairimu of her right to manage the estate. In her place, she appointed his son, Stephen Kirima, to run the estate alongside his sister, Anne Wangari Kirima. The two administrators were tasked with preparing a revised proposal on the distribution of the net estate. According to the order, they must factor in the estate's liabilities, including Kenya Revenue Authority (KRA) taxes and land rates. In addition, they ought to identify gifts and what has been interfered with within 18 months. At the same time, they were ordered to present two other reports, one on all the estate liabilities within six months and the cost of interfering with the estate. They were also to ensure that all rental income will be deposited into the estate's account. Stephen and Anne must also pay Grace Warwathia-mother to Irene and Stephen-Sh54 million in cash or transfer a property to her within 90 days. Justice Nyaundi ordered, "The Administrators to ensure that transmission of the Estate as per partial confirmation of grant vide certificate dated December 13, 2023, is finalized within six months." Interfered with the estate The judge also found that Teresiah had interfered with the estate by collecting but failing to deposit 40 per cent of the rental income from Kirima & Sons properties. At the same time, she said Rachel Wachuka was found to be living in LR No 5/27, which denied the estate an income. She added that Alice Kirima, who lived on the same property, had interfered with the estate. The other person is Maria Njeri, who was found to have not remitted rent collected from LR No 209/4348. Justice Nyaundi also observed that Jane Gathoni was collecting gate and registration fees at LR No. 79/1, Kiambu County, while Catherine Njeri was collecting rent from two properties: LR Nos. 209/2490/ 28 and 209/6823/3, Kaloleni. The other person identified to have interfered with the estate was Irene Njeri, for collecting rent from LR No 209/12305. The judge also said that all beneficiaries still using or holding onto 19 vehicles left by Kirima had also interfered with Kirima's wealth. In the meantime, she singled out four properties-LR No. 209/2763/27 in Gikomba, LR 209/11415, LR No 7785/307, and LR No. 209/6057-as gifts awarded to Stephen, Fredrick Kamau, Samuel Ndei, Jane Gathoni, and Anne, respectively. Justice Nyaundi also barred Catherine Wanjiru Aura from the wealth after ruling that she was not a beneficiary. Two wills Wanjiru had alleged that Kirima had hived off some 0.6100 hectares (1.5 acres) from LR No. 13763 and 13764 as a gift to her and another plot in Kiambu LR No 79/1 measuring 0.4 acres.She based her claim on a letter dated May 14, 2007, addressed by the deceased to Kahai and Kiai Advocates. However, the judge observed that the portion she claimed was to be hived off and registered in the name of Kirima & Sons. In addition, the judge said the second property could not have been a gift as Kirima died without giving it to her. She said there was no evidence to show that she lived in it, adding that the parcel remained undivided to date. "The deceased, therefore, was not the land owner at the time he is purported to have gifted it. On this ground, the claim must fail and it will sink further when observed that as at the time of the death of the deceased, the intended gift had not been perfected. Catherine Wanjiru Aura is not a dependant of the deceased neither was she gifted the parcels of land as alleged," said Nyaundi. Kirima died on December 21, 2010. After his death, two wills, referred to as Kahari and London, emerged, leading to a vicious battle over whether he was in a state to author them. On June 6, 2013, the court annulled the two wills. Four months later, on October 30, 2013, Wairimu and Wangari were appointed joint administrators. At the same time, they agreed that Kirima had 15 beneficiaries. Those listed were Wairimu, Alice Njeri, Fredrick Kamau's family, Samuel Ndei's family, Elizabeth Wanjiku's family, Stephen Kamau, Irene Njeri, Wanjau Kirima, Agnes Waruguru family, Maria Njeri, Anne Wangari, Jane Kirima, Ruth Wanja, Margaret Wanjiru and Susan Wangari. At the same time, there was an agreement that Warwathia, 85, would be given reasonable provision. It had been suggested that she be treated as a third house. Tracts of land At his death, Kirima had tracts of land across the country. In Murang'a, Kiruri, he had 12 pieces of land, the largest of which was 17 acres. He had at least 17 properties in Nairobi, including Luthuli Avenue, Ofafa Jericho, Mbotela, Makadara and City Park. He had 60 acres of land in Kiambu. In addition, Kirima registered six properties with other persons. These included Nduruma House, Kirima House, Pangani, two pieces of land in Njiru, one of which is 472.5 acres, and Kitisuru. All these properties were registered alongside his sons. His shares listed in private companies included 4,627 in Kenda Investments Limited and 5,140 shares in Wangu Investments Limited. His daughter said that in publicly listed firms, Kirima had 204,570 shares in East African Breweries Limited, 33,000 in Kakuzi Limited, Centum Investment Company Limited (62,411), Unilever tea (286), Kenya Commercial Bank (2,500), Kenya Power (63,099), and National Bank of Kenya Limited 2,500 shares. According to Wangari, he had shares in at least 11 companies listed in the Nairobi Securities Exchange (NSE). The deceased also had nine bank accounts under his name. Also listed in court were 19 vehicles. It was also alleged that some eight properties were illegally transferred from him. According to her, he also had machinery and moveable assets in Tumaini Estate, including rollers, trucks, building machinery, equipment, and materials. In her application, Wangari claimed some Sh20 million had been misappropriated from CFC Stanbic Bank, Sh7 million from Barclays, and funds collected from Chapis General Investments, development in Kitengela, Donholm Flats, Umoja House, and Dandora Development. She proposed that shares listed at the NSE be distributed equally among the beneficiaries, the remainder be sold, and the proceeds be distributed equally. She said 12.64 acres in Kariobangi should be shared equally, with two acres for roads and public amenities. It was suggested that each beneficiary receive 2.4 acres of the 30.536 acres in Kisaju, Kajiado. The court heard that only 236.25 acres of the 427.5 acres in Njiru should be shared equally, with each going with around 14 acres and provision for roads and other amenities. The second piece, 236.25 acres, it was suggested that it should be given to Wanjau Kirima. In addition, it was proposed that he also gets 5.6 acres of a separate land. Wangari also proposed that Wanjau should get 2.499 acres in Kiruri while the remaining, he would hold it in trust as a burial ground for the family. It was suggested that Wanjau would also get the lion's share of 17 acres of separate land in the same place, with 12 acres, while Anne, Maria, Ruth, Jane, and Susan each received an acre. Gikomba property On the other hand, the court heard that Kamau should receive four acres out of 10.4 acres of a third piece of land, with Alice and Irene each receiving one acre. The families of Fredrick and Ndei would receive 2.75 acres each. Justice Nyaundi was also told that Wangari should get 0.1 acres at the same place, while Kuria Kirima would be relinquished three acres. She said that at least 22.6 acres in Kiruri were unavailable for distribution. She asserted that one acre was awaiting transfer to Irene Njeri Richu, while the remaining had pending cases. Wangari suggested that Jane and Maria share the 1.27 acres in Kabasarian, while Wanja and Wangari should receive 0.297 acres in Likoni Lane. The Kaloleni property, three others in Ngara, and a piece of land in Duruma were proposed to be shared between Wanjiru, Jane, Susan, Wanja, Wanjau, Fredrick, and Wanja, respectively. At the same time, Waweru and Fredrick were proposed to get a fifth of the shares in Kirima's house at Moktar Daddah, Nairobi, while their sister Wanja got the largest, three-fifths. Pangani House would be split between Waweru, Fredrick and Wangari, while Susan was to receive Tukika land. The proposal was that Irene would receive another property in Luthuli, Nairobi, while Ndei's family would receive the first Runda property. It was also suggested that the other two Runda properties go to Fredrick's family, Wairimu and Wangari. The administrator also suggested that she receive a Mbotela property while Jane gets the Kitisuru one. The court also heard that the Gikomba property should be divided between Stephen's, Fredrick's and Ndei's families. There was also some 7.391 acres dubbed as block A, B, C and D. It was suggested that Maria, Jane, Wanjiru, Susan and Wanja share block A and B while C be split between Irene and Stephen while block D be left for Wanjau. Undeveloped land was also presented in court as part of the estate, and it was further suggested that it be divided between Irene, Stephen, Maria, Jane, Ruth, Margaret, Anne, and Susan. In addition, Wangari proposed that Jane receives the Mbotela, Irene, and Jericho properties while Maria and Anne gets another in Ngara. The court heard three properties at City Park, she said, should be split between Irene, Stephen, and Fredrick and Ndei's families. Anne and Susan were vouched to get two Makadara properties, while the Kitisuru NSSF block was suggested to be left to Fredrick and Ndei's families. Another property at Kitisuru was proposed to be split between Teresiah and Alice, while a third one would be left to Stephen. The Convent Drive property was suggested to be split between Stephen, Ndei and Fredrick. There are about 60 acres in Kiambu. It was suggested that the same be split between the Kirima girls, Maria, Jane, Ruth, Susan, Anne, Margaret, and his son Wanjau. The court was told that Ndei should inherit the Maragua farm, while Stephen should inherit the 30 acres in Timau. It was proposed that all money in banks and those from government compensation be split equally. In the meantime, it was proposed that Maria, Anne, Jane, Ruth, Margaret, and Susan get Kenda's shares while 622 shares given to Ndei, Fredrick, Teresiah, Susan, and Anne should also be considered. In Wangu, the court heard that Kirima had split equally among all. In addition, the court heard that with the patriarch gifting Teresiah, Fredrick, and Ndei, they had 800, 1000, and 1000 shares, respectively. The administrator also proposed that Wanjau gets three vehicles, while Maria, Teresiah and Alice receive one each. She also asked the court to order Warwathia to pay Sh5 million, covering her living expenses. Wangari argued that the proposal had taken into account the interference of some of the beneficiaries with the estate and the deceased's gifts. She claimed that at least 11 properties had been interfered with, while five had been transferred to family members. The administrator asserted that nine properties, including one in Gymkhana, were unavailable for distribution as they were under Kirima Trust. For liabilities, she said that he owed First Force Security Sh4.07 million, Senaca Limited Sh3.8 million, a refund for Kiambu fencing Sh4.9 million, Sh300,000 for Clifford Foster Accounting and Sh886,383.54 for Kabasarian House repairs. In addition, she said that taxes owed to KRA, land rates, and legal fees would be assessed, and the family would be advised. Teresiah and some of the beneficiaries filed affidavits in protest. Ndei's widow, Rachel, said that she was gifted the Runda property as a wedding gift, while the Gikomba property was given to Stephen. She also argued that Convent Drive LR 3734/264 does not comprise part of the deceased's estate as it was purchased directly by Stephen, Ndei, and Fredrick. Ndei also said City Park LR 209/ 11092 /15 and Kitisuru Block 101/222 were not part of Kirima's wealth. She argued that the shares in Kenda and Wangu were direct purchases by the deceased, not gifts, as alleged. She denied that they diverted estate money to purchase properties, as had been alleged. According to her, her deceased husband collected rent from Block B Tumaini Estate with Kirima's consent during his lifetime. She asserted that Wangari did not consult her. In addition, she contended that the assets registered under Kirima Trust should be included for distribution. On the other hand, Jane and Margaret consented that all the 15 children were Kirima's beneficiaries. However, they argued that the estate should pay the legal fees through the administrator. They further said LR 209/ 6020 should be included as an asset of the estate and LR 209/11415 should be excluded as the government acquired it. The two siblings did not agree with the distribution mode and urged that the estate be distributed equally among all 15 beneficiaries. They argued that the assets included as gifts were not and asked the administrator to prove this. They also challenged the transfer of properties to Kirima & Sons while Jane proposed that she be nominated as a Trustee. Margaret suggested that the assets be distributed equally among the beneficiaries so that each beneficiary creates their trust. They consented that Agnes's children should receive Kiambu LR 79/1 and that Jane should be allocated the parcel of land she uses as a prayer center. For the shares, they argued that the court should distribute the same in accordance with the December 16, 2024, order while the Kajiado and Kariobangi land be split equally. In the meantime, they argued that the administrator's allowance should be reduced to Sh50,000. Catherine Njeri Kirima also denied claims made against her late husband, Fredrick. She cited four properties that she argued were not part of the estate and three properties that were not gifts. Alice was also unhappy with Wangari's proposal. She said the liabilities should also be included in the estate. According to her, the government compensation for the Kariobangi and Kitisuru properties ought to be used to offset the liabilities. She also argued that Kiambu LR 79/1 should be split between eight beneficiaries and not left to Agnes's children. Alice also had her proposal. Teresiah also had her protest. She argued that Wangari never consulted her before presenting the proposal. She stated that she had a life interest in the deceased's net estate.Teresiah said Kirima owed KRA Sh364 million. She supported Catherine's application, adding that she needed time to consult with her lawyers. Wanjau, too, opposed Teresiah's confirmation as administrator. He argued that they had not listed Kirima's assets in the United Kingdom. Stephen agreed with Wanjau that some properties should be excluded, but he argued that one of the properties in Kiruri was a gift. In addition, he said that the provision made for his mother was inadequate. He suggested that distribution be done according to houses. According to him, the proposal allocated property worth Sh3 billion to Wanjau, and the rest got property worth about Sh100m. He stated that Kiambu LR 79/1 was unavailable due to a court judgment. All the beneficiaries, except Teresiah and Alice, agreed that their share should be minus the amount during distribution for those who interfered with the estate. Teresiah and Alice were of the view that all had meddled, and the court should disregard the intermeddling. Justice Nyaundi said that since Teresiah, Maria, Jane, Alice, Rachel, Catherine, and Irene had interfered with the estate, the same would be factored in while computing their share

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