Kirima estate wrangles deepen as court rules against widow

The late former Starehe MP Gerishon Kamau Kirima. [File, Standard]

The Court of Appeal has dealt a blow to Teresiah Wairimu, the widow of former Starehe MP Gerishon Kirima, after declining to suspend orders removing her as an administrator of his estate and directing the family to share the multi-billion shilling fortune he left behind.

Justices Daniel Musinga, Francis Tuiyott and Pauline Nyamweya found that Wairimu had an arguable appeal against Justice Patricia Nyaundi’s decision, but ruled that reinstating her or displacing the newly appointed administrators would deepen uncertainty that has persisted for more than 14 years.

“Therefore, displacing the current administrators would create uncertainty and potentially leave the estate without lawful oversight, thereby undermining the very subject matter the applicants seek to preserve,” the bench headed by justice Musinga ruled.

Justice Nyaundi had appointed Stephen Kamau as administrator in place of Wairimu and ordered that all beneficiaries receive an equal share of the estate after taking liabilities into account.

Wairimu challenged the ruling, arguing that the judge erred by including Agnes Waruguru as a beneficiary despite her having died before Kirima. She also contended that her removal as administrator amounted to an improper review of earlier orders issued by Justice Isaac Lenaola.

According to Wairimu, a court of concurrent jurisdiction could not set aside or reverse orders made by another judge of equal standing. She further objected to findings that she had intermeddled with the estate, arguing that the disputed matters related to Kirima and Sons Limited and should have been determined by a commercial court.

She also claimed there was neither an application nor justification for appointing Kamau as administrator, warning that the orders risked destabilising management structures.

Her stepdaughter, Anne Wangari, opposed the application, accusing Wairimu of stalling the distribution of Kirima’s wealth through mismanagement. She alleged that Wairimu had failed to comply with court orders and had unlawfully converted Kirima and Sons Limited from a partnership into a limited liability company.

Wangari argued that reinstating Wairimu would undermine the ongoing administration of the estate. Her position was supported by her brother, Wanjau Kirima, who said there were legitimate reasons for the Family Court’s decision.

In February last year, the court ordered the family to present a revised distribution proposal within 18 months, factoring in liabilities, gifts and alleged interference.

At the same time, Wangari and Samuel were to present a final report of all liabilities of the within six months.

They were to also tabulate ‘ the cost to the estate’ of the interference and pay one Grace Warwathia Sh 54 million cash or find a property to equivalent to the amount and transfer to her.

The siblings later returned to court seeking to have Wairimu cited for contempt, accusing her of continued interference with the estate and urging the court to jail or fine her.

Justice Nyaundi remarked that the case had taken a dramatic turn, noting that Wairimu had “taken the stage in Shakespearean fashion” after initially going silent.

Wairimu denied the allegations, saying she desired peace and had stepped aside following her removal.

Kirima’s death in December 21, 2010 blew the lid off simmering differences between his widow and stepchildren, igniting a prolonged battle for control of his vast estate.