The Sh80 million deal that averted war over Kibaki adviser's wealth

Dr Joe Barrage Wanjui had carefully planned his estate, having drawn up a will and even taken steps to tie up loose ends by distributing portions of his property during his lifetime. [File, Standard] At the time of his passing, Dr Joe Barrage Wanjui had carefully planned his estate, having drawn up a will and even taken steps to tie up loose ends by distributing portions of his property during his lifetime. His intention was clear: to shield his family from the bitter succession disputes that often arise upon the death of wealthy individuals. Yet the late billionaire's pursuit of peace might have been in vain were it not for the intervention of his widow and nine children, who agreed to cede three plots in Thika and two in Kahuho in order to forestall what could have escalated into a protracted legal battle. In addition to the land, the family also agreed to pay Sh80 million, with the understanding that no further claims would be made on the estate of the former University of Nairobi Chancellor. When Joseph Bernard Wanjui and Joyce-Anne Muthoni-his son and daughter-applied for letters of administration as executors of the estate, a legal notice was gazetted, as required by law. This served as a public invitation for any individuals with claims or objections to come forward. Troubled relationship Two individuals did just that, appearing before Justice Patricia Nyaundi and asserting that they were biological children of the late businessman, but had been excluded from the succession process. One, a 67-year-old woman identified in court documents as DWJ, claimed she was the daughter of Wanjui, born in 1958 out of a troubled relationship between him and her mother. She told the court that they reunited in 2012, during which time he allegedly promised to build rental properties for her in Thika to compensate for his past absence in her life. However, she lamented that she was not included in his will. "As a child of the deceased, I am entitled to benefit from the estate, whether or not I was maintained by him immediately prior to his death. Equity does not mean equality. It refers to whether each beneficiary has been reasonably provided for, taking into account the size of the estate and the number of beneficiaries," DWJ submitted through her legal counsel. The second objector, identified as JNW, also staked a claim. He told the court that the Wanjui family was well aware of his existence and had even allowed him to reside on family land in Kahuho, with the blessing of the deceased, who passed away at the age of 87. "As a beneficiary, I am entitled to a stake in my late father's estate. I also have the right to be informed about its contents, including receiving a copy of any will, regardless of whether the assets in question are distributable," he said. In response, Bernard Wanjui told the court that DWJ had previously reached an agreement with their late father, under which she would not pursue any part of the estate after his death, having already been gifted a separate property in Nairobi. Unwanted attention Ultimately, rather than endure a long and public trial, the family opted for an out-of-court settlement. Through mediation, an agreement was reached that allowed both DWJ and JNW to receive a portion of the estate, thereby preserving family harmony and avoiding a high-profile court dispute. From the outset, the family was keen to avoid the spectacle that often accompanies succession cases involving prominent people. In their court filings, Muthoni and Bernard asked that the estate remain private to deter unwanted attention. "We have consulted with the beneficiaries and strongly believe that publicly listing the estate's assets-either in the initial petition for probate or in future applications-would attract undue interest, particularly from the media, exposing us to publicity and potential danger from unscrupulous individuals," they stated. Despite their desire for privacy, it is no secret that Dr Wanjui amassed considerable wealth throughout his lifetime. He was a towering figure in Kenya's corporate world, a close confidant and adviser to Kenya's third President Mwai Kibaki, a philanthropist, and a business magnate with significant interests in insurance, real estate, hospitality, agriculture, equity investments, and horticulture. Through his firm, Bawan Ltd, he held interests in several high-profile ventures including Hillpark Hotels (Hillpark Nairobi, Ol Pejeta Mansion in Nanyuki, Amare Resort, Hillpark Tiwi Beach and Vipingo Villa), UAP-Old Mutual, Bawan Roses, tea estates, and commercial and residential properties such as the Hillpark Building in Upper Hill, which once housed the World Bank as a tenant. In 2020, Wanjui and fellow director James Muguiyi sold their combined six per cent stake in UAP-Old Mutual for Sh3.1 billion. The deal stemmed from their decision to hold their 'put options' for three years after Old Mutual acquired a controlling 60.7 per cent stake in the company from Chris Kirubi and others in 2015, at Sh180 per share. Born in colonial Kenya in 1937-an era when birth dates were seldom recorded- Wanjui described his early years in his memoir My Native Roots: A Family Story. He was the sixth child of Wanjui Munana and Elizabeth Wanjiru, born in Cura Village near Kahuho in what is now Kiambu County. Makerere rejection In the absence of official records, he adopted 24 May 1937 as his birth date, based on stories from family elders. He used this date when applying for a passport after completing his secondary education. His memoir provides not just personal insights, but also rich anthropological reflections on the Agikuyu way of life, heritage, and family. Wanjui's upbringing was modest. After his parents separated, he lived between Kiambu and Njoro with his mother and siblings. He began school in Kahuho in 1946, later moving to Nairobi to stay with his elder brother James Mbatia. He went on to study at Kabaa Mission School and Mang'u High School between 1951 and 1957, where he excelled academically and demonstrated leadership qualities. He was accepted to Makerere University to study medicine but opted instead to study in the United States. He attended Ohio Wesleyan University for his undergraduate studies before enrolling at Ohio University to pursue electrical engineering. He later earned a Master of Science degree from Columbia University in 1964. While studying in the US, he met Elizabeth Mukami Githii, a fellow Kenyan student in New York City. They married on 22 December 1962 and had twin daughters-Wanjiru and Nyathira-on 10 December 1963, just two days before Kenya gained independence. Returning to Kenya, Mukami taught at Ngara Secondary School and later at State House Girls, while Wanjui worked with multinational oil company Esso (later ExxonMobil). He described their life at the time as one of rising status, moving into Kenya's upper middle class and building a network that included ministers, senior civil servants, and captains of industry. Divorce and remarriage In 1968, he left Esso to head the Industrial and Commercial Development Corporation (ICDC), before joining East African Industries (now Unilever) as a technical director. He rose through the ranks to become Managing Director and eventually Executive Chairman-a position he held until his retirement in April 1996. During this period, his family also grew. He and Mukami had two more daughters: Jo-Ann Wairimu (born in 1966) and Joyce-Ann Muthoni (born in 1967). However, their marriage ended in divorce in 1972. He later remarried Anne Njambi Kiarie, with whom he had two more children-Joseph Wanjui and Jean-Anne Wanjiru. Despite the separation, he remained close to Mukami until her death in 1998. An accomplished trumpeter and church organist, Dr Wanjui was appointed Chancellor of the University of Nairobi by President Kibaki and was awarded an honorary doctorate for his contribution to Kenya's business and industrial development. He passed away on 7 July last year, leaving behind a legacy of corporate excellence, family heritage, and a life committed to building institutions and nurturing leadership.

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