The estate of the late Dickson Kihika Kimani will be administered by his four widows.
This follows the dismissal of an application filed by some of Kihika’s children seeking to oust the widows as co-administrators of the estate.
Justice Anthony Ndung’u of the Family Division of the High Court in Nakuru dismissed the application that would have seen the widows left out as co-administrators of the Sh600 million estate.
The siblings, in the suit filed in September 2018, claimed their mothers had failed in managing the estate. The four widows have been administering the estate for eight years.
“That the four co-administrators of the estate, namely Margaret Wambui, Alice Mukuhi, Mary Wangari and Miriam Warau, substituted with three co-administrators namely Florence Nduta, Anthony Kihika and Judy Muthoni,” reads part of the application.
Ms Nduta wanted to replace her mother Wambui, while Anthony is seeking to take the place of his mother Mukuhi. The children described Wambui as being “old, senile and sickly and cannot administer the estate effectively”.
Mukuha is said to be “old and infirm and in the circumstances not able and available to practically co-administer the estate”. Ms Wangari, the court document alleges, is ailing and also refuses to cooperate with her co-administrators. It is proposed that she be substituted with Ms Muthoni.
The fourth co-administrator, Ms Warau, has allegedly disposed off property without authority. According to court records, she has sold a one-acre piece of land.
In a meeting held last June, the beneficiaries of the estate resolved that the four administrators had been unable to faithfully administer the property and proposed their replacement. Those who were living abroad and could not attend the meeting also agreed with the resolutions.
The court document says there had been waste and wanton destruction of the estate. A number of parcels of land have been grabbed over the years and tenants have absconded with millions of shillings in rent.
“The beneficiaries believe the only way the estate can be protected is to substitute the current administrators with the proposed co-administrators. Otherwise, what was once a vast estate is in danger of being diminished,” the application states.
In their reply, the three co-administrators opposed the application and dismissed claims they had failed to administer the estate. Justice Ndungu, in a ruling delivered yesterday, dismissed the application.