Kihika’s succession case drags on after 17 years and a dozen judges

Five of the eight widows of former Nakuru MP Kihika Kimani, from left, Charity Nyambura, Mirriam Warau, Jane Wanjiru, Alice Mukuhi and Lucy Wangari on November 12, 2016. [Kipsang Joseph, Standard]

Every man would wish for his dependents to inherit and enjoy his wealth after his death.

But the story is different for renowned Nakuru politician Dickson Kihika Kimani, whose eight widows and 41 children are still fighting over his inheritance 17 years after his death.

The former Nakuru MP died intestate on November 19, 2004, aged 77, leaving behind properties scattered across the country estimated to be worth Sh600 million.

Kihika’s surviving spouses are Margaret Wambui, Alice Mukuhi, Jane Wanjiru, Mary Wangari, Winnie Wanjeri, Charity Nyambura, Mirriam Warau and Lucy Wangari.

After his death, Margaret moved to court on July 28, 2005, and filed a succession case for the properties to be shared equally among the widows.

Mary, filed another application on January 29, 2006, seeking Sh181,586 to cater for her children’s education.

This led to a dispute between herself, Alice, Jane and Margaret over alleged properties in possession of the three women.

Mary claimed they were enjoying properties in Laikipia, Subukia and Njoro, respectively.

“The three have failed to disclose that some of the properties they own belong to our late husband and must be included in the case,” she claimed.

Mary sought orders for a joint account and a school they owned–Bahati Valley Academy–to be leased and the income to be shared equally.

Her application delayed the succession case until March 18, 2006, when Justice Martha Koome (then a High Court judge) directed the Sh181,586 be withdrawn from the bank to pay fees.

Mary, however, continued fighting Alice and Margaret over the administration of 300 acres in Laikipia and another 100 acres in Njoro.

“Mukuhi’s property was raising rent of Sh1 million every month. A huge sum of money, enjoyed by one person,” she claimed.

On August 13, 2007, one Charles Muchuka filed an application claiming that his mother, Agnes Muthoni, was married to Kihika under Kikuyu customary marriage.

The application was dismissed by Justice Daniel Musinga, who is now the President of the Court of Appeal.

After the co-wives reached consensus, a woman named Grace Wanjiru was enjoined in the case as an objector on June 29, 2009. She claimed to have been married to Kihika and had one child with him.

Grace sued Margaret, Alice, Daniel Kung’u and Winnie. Justice David Maraga, then handling the case at the High Court, dismissed Grace’s application on October 13, 2009, for lacking merit.

In his judgment, Justice Maraga issued grant of letter of administration of Kihika’s estate to Margaret, Alice and Winnie and declared them administrators of the estate.

The family added Mirriam as one of the administrators after signing a consent.

Peris Njoki, one of Kihika’s daughters, filed an application on June 6, 2011, against her step-mothers over the administration of Bahati Valley Academy. Peris said the school had been painted and renamed Menengai Medical Training College by unknown people.

“I want to know who leased the school and where the income is going because as a beneficiary, I am not aware,” she claimed.

Her application was dismissed on February 11, 2011, by Justice Roseline Wendoh.

The succession case dragged until April 21, 2011, when Alice filed an application that the estate should be divided among the women according to the number of children.

Margaret has seven, Alice has 11, Jane has five, and Mary has four. Winnie has two, Charity has six, Mirriam has three, while Lucy has two children.

“Each of my co-wives should get what she contributed from her marriage and not a shilling more of what was accumulated by other wives,” said Alice.

The next issue was a valuation report ordered by the court. The family took some time to agree on the property to sell to raise money for the exercise.

The widows’ court battle ended on June 28, 2013, when they agreed on four administrators.

After three years, a man named Joseph Munene filed an application on August 22, 2016, seeking to be included in the case as an interested party.

He argued that property in Naivasha had been unlawfully listed as belonging to Kihika.

On February 22, 2017, Justice Anthony Ndung’u ordered the Land Registrar in Naivasha to supply all documents involved in the land transaction, including transfer documents.

The widows won that case, but a fresh dispute was brewing between them and their children.

On September 14, 2018, Anthony Gichia (Alice’s son), Judy Muthoni (Lucy’s daughter) and Florence Nduta (Margaret’s daughter) filed an application to replace their mothers as administrators.

They claimed the women were old and senile, and unable to carry out the duties of administrators.

Mother’s blessing

But on January 24, 2019, Justice Ndung’u dismissed the children’s application.

Aggrieved by the ruling, the three appealed on April 17, 2019. The case is still pending in the Court of Appeal.

Meanwhile, Erishifa Wanjiru, Margaret’s first-born daughter, got her mother’s blessing to replace her as one of the four administrators.

Her application dated November 1, 2019, was opposed by Florence (the third-born daughter) and Alice on December 6, 2019.

After a two-year battle, Justice Rachel Ngetich replaced Margaret with Florence on February 12, 2021. She argued that Erishifa was abroad while Florence was available and qualified to manage the estate on behalf of her mother.

Aggrieved, Erishifa appealed. She also filed an application on May 10, 2021, urging Justice Ngetich to recuse herself from the case. The judge declined.

“I am competent enough to hear the succession petition,” said Justice Ngetich in her ruling of October 7, 2021.

The judge, however, has since been transferred to Kiambu and the case will be handled by Justice Teresia Matheka from May 16.

The case has been handled by 12 judges, including Chief Justice Martha Koome, former Chief Justice David Maraga, and Supreme Court Judge William Ouko.