Kirima children sue stepmother in fresh dispute over his wealth

The late former Starehe Member of Parliament Gerishon Kamau Kirima. [File, Standard] The inheritance battle over billions left by former Starehe Member of Parliament Gerishon Kamau Kirima has intensified, with his children suing their stepmother over the management of a company left by their late father. In a case filed before the Commercial Court in Nairobi, Ann Wangari Kirima and Stephen Kirima have sued Teresiah Wairimu, arguing that she has allegedly locked them out of the daily affairs of Kirima and Sons Ltd. The siblings told the court that records from the company's registry indicated that John Kamau Kirima, Samuel Ndei Kirima, and Wairimu held 2,000 shares each. However, the two who are the administrators of the estate argued that it was unclear who John Kamau is, but asserted that it could still be their late father. They accused their stepmother of allegedly running the company as her own, adding that she allegedly failed to call for general meetings and disclose financial records. Wangari and Stephen told the court that they met last year and decided that they would both sit as directors of the company, while Jane Gitau would be the secretary, and Mbuthia and Associates would be the new auditors. "The plaintiffs are aggrieved by the position taken by the third defendant, as it seeks to lock out the plaintiffs from participation in the affairs of the company in the absence of a confirmed grant. The plaintiffs aver that their actions do not seek to divest ownership of the shares owned but rather to collect, preserve and safeguard the entitlements due to the estate on account of the ownership of the shares. Such actions do not require a confirmed grant as alleged or at all," they argued in the court papers. On February 25 last year, the court ordered the family to present a revised proposal for distribution of the estate, factoring in liabilities, gifts and interference within 18 months. Wangari and Samuel were to present a final report of all liabilities within six months. They were also to tabulate "the cost to the estate" of the interference and pay one Grace Warwathia Sh54 million cash or find a property to equivalent to the amount and transfer it to her. However, the two moved back to court seeking to find Wairimu in contempt of court. They accused her of interfering with the estate. In their case, they asked the Judge to either commit her to a civil jail or fine her. According to Justice Patricia Nyaundi, the case took a dramatic twist. The judge said Wairimu's lawyer informed the court that she was not responding to his calls and messages. This prompted the court to order that the administrators should advertise in the newspaper about the case. "It would appear that the respondent has the proverbial ears on the ground, because she now reached out and instructed both her counsel and responded to the application not by one but by two replying affidavits," observed Justice Nyaundi. Wairimu denied the accusations, saying that, on the contrary, she wished that the family would be united and peaceful, claiming she stepped aside after being removed as an administrator. Kirima's death in 2010 blew up a lid off differences between his widow and step-children in a battle for control of his vast estate. During his heyday, the politician 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. Wangari and Stephen now want the court to find that Wairimu's alleged opposition to them being directors is against Kirima's estate interests. At the same time, they are seeking an order to force her to file the company returns and regularise the directorship. They also want the court to find that they are entitled to run the affairs of the company.

Kirima children sue stepmother in fresh dispute over his wealth

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