Inside court battle to control late MP's Sh1 billion estate in Nakuru

High Court ,Justice Teresia Matheka. [Samson Wire, Standard]

Some members of the family of former Nakuru MP Philip Kamau have asked the court to revoke his will on how his Sh1 billion estate should be shared.

Kamau's widows Teresia Njeri, Margaret Damat and Lucy Wanjiru have teamed up with their stepson, Joseph Njuguna, as they seek to take control of the estate.

The four have ganged up against Njuguna's sister Elizabeth Wanjiku. Njuguna and Wanjiku are children of Kamau's first wife Alice Kahaki, a businesswoman who died on August 25, 1983.

In the case before Justice Teresia Matheka of the High Court in Nakuru, Wanjiku argues that most of the estate belonged to her late mother. She has claimed that her father, Kamau, stole the estate from her mother, Kahaki.

She claimed her mother owned 95 per cent of all their properties, but her father, who only owned five per cent, registered all properties in his name. Wanjiku told the court in a past hearing that Kamau would later transfer all her mother's properties to his other wives.

On the other hand, Njuguna is defending his father's will dated June 13, 2009.

Kamau, who also served as a court clerk and an officer in charge of a prison, died on May 1, 2012.

In the will which has been filed as evidence in the succession case that began in 2012, Kamau gifted his estate to his three surviving wives, the family of his two deceased wives (Kahaki and Winnie Waithera), and his 25 children.

Kahaki's six other children, including Wanjiku, are said to have been allocated just one per cent of the estate. The six are contesting the will.

The will, titled 'The last will and Testamentary Grant of Philip Kamau', states: "I hereby revoke all former wills and testamentary documents made by myself and do declare this to be my last will."

The former MP had appointed lawyer Juma Kiplenge, who died on October 7, this, as the executor of the will which was drawn by the law firm of former assistant minister Mirugi Kariuki.

Since Kiplenge's death, the estate has remained without an administrator. The three widows and Mr Njuguna have declared their interests.

In the will, details of Kamau's vast estate show he owned the famous Pinkam and Molo houses in Nakuru city, business premises, movable and immovable properties, a funeral home, a slaughterhouse and prime plots.

He also owned residential homes, shops, land, and enterprises and had savings in banks, and shares in Mwariki and Kiamunyi Farm Limited, Embakasi Ranching Limited and Mangu Enterprise Limited.

In the will, Kamau said all the money in his bank accounts, and shares were to be shared equally among the four wives, including Waithera who was still alive then. The money would also cater for the cost of executing his will.

"The residue of my estate should be sold and the earnings shared equally among all the four wives. They can hold in trust for themselves and for their children," Kamau wrote in the will.

Kamau gifted each of the seven children of his late wife Kahaki a plot in Nakuru city. He gave his five daughters two parcels of land in Githunguri, Kiambu County, to share.

"I grant two acres of land with a slaughterhouse to two of my two daughters to share with one of my sons, Johnson Kibunja. Kibunja will also get a house in Kiamunyi, Nakuru," the will records.

Njuguna was given the famous Molo House (a two-storied business premise) and instructed not to sell it. He also got a house in Kiamunyi estate.

"My son and three daughters I had with Kahaki have been unkind, rude and disrespectful to me but nevertheless, I have given them a portion of my estate," Kamau said in the will.

Wanjiru, Kamau's second wife and her five children were to be given a plot in Dundori, Nakuru North sub-county and four plots within Nakuru city.

"Wanjiru will get the Ground Floor of Pinkam House. She will get a portion of a five-acre land in Githunguri with her co-wives. The land is ancestral and she should not sell it," he said.

Kamau also gifted Wanjiru two plots in Embakasi, Nairobi and another plot in Kiambu County.

Kamau gifted his third wife Njeri 11 plots in Nakuru city and one at Kampi ya Moto in Rongai sub-county, Nakuru County.

In the will, Njeri was directed to manage the second floor of the Pinkam House. She also got a share in the five-acre land in Kiambu and two plots in Embakasi.

Damat was allocated two plots in Nakuru city, five acres of land in Kiambogo and five in Githunguri, a plot in Bahati and another one in Mwariki, within Kiambogo.

"Damat will have control of the First Floor of the Pinkam House. She will also be allocated two plots in Embakasi," reads the will.

Her son Stephen Kamau got five acres in Kiambogo and a plot in Kijabe

Waithera's kin will share in the management of Pinkam House's ground floor, manage Githunguri land with tea bushes and never sell it. They should also care for a piece of land in Nakuru.

"Waithera will manage Mukoe Funeral Home in Githunguri, a plot bordering the morgue and will be allocated two plots in Embakasi," read the will.

"What I have given to my children, belongs to them absolutely," the will concluded.

The case will be mentioned on December 15 for further directions.