The family of former Cabinet minister and Kanu diehard John Joseph Kamotho is fighting over control of Sh250 million estate.
Eunice Wambui Kamotho, in her application filed before Family Court Judge Aggrey Muchelule, accuses her two children – Marianne Nyokabi and David Waweru – of hatching a plot to deny her a chance to administer the estate.
The two children, however, want independent administrators to manage their late father’s wealth.
In court, Wambui told the judge that she was the first in the succession line and she needed the issue to be settled for her to access money for treatment.
“Our application is very urgent and we pray for a ruling date. The proposed administrator (Wambui) is unwell and wants money for treatment. There is a property that ought to be sold and has found a buyer,” she told the judge through her lawyers, Wanyonyi and Muhia Advocates.
But her two children say she cannot be the administrator.
“There are sufficient funds in the estate to take care of the widow. The children have opposed her being an administrator,” lawyer Paul Maingi for Nyokabi and Waweru replied.
Kamotho died on December 6, 2014, and is survived by the wife and four children — Charles Gathii, James Mwai, Nyokabi and Waweru.
In her application dated August 31, 2020, Wambui says her two sons, Gathii and Mwai, are agreeable to her being the administrator of the estate.
Kamotho had a Will detailing how his estate was to be shared. However, he died without signing it.
Immediately, differences ensued whether the family would use the Will or file a succession case without it.
It took three years before the family took the first step of filing a succession case without a Will. At the time of his death, Kamotho had five parcels of land at Gacharage, another one at Kakuzi, a house at Jadenville Country Homes, and his matrimonial house at Kitisuru.
He had also bought shares in Safaricom, KenGen, Britam Limited, Absa’s predecessor Barclays, Sameer Africa, and had a bank account at Standard Bank. Court records show properties are estimated to be worth Sh250 million.
Wambui claims that she has tried to prevail upon her two children but they have declined.
She claims that Githii, who is a doctor, and Mwai have tried to persuade their siblings to sign a consent, but their efforts have hit a dead end.
Nyokabi and Waweru denied their mother’s allegation, adding that the family had suggested three names for administrators but Wambui decided to file the case.
Justice Muchelule observed the Kamothos had started fighting too early, even before the formal announcement calling for any objector was filed.
“We have locked out other parties and any party will be at liberty to oppose the grant but we have not started that journey. We can advertise it and people can raise their objection,” he said.
According to Wambui, Kamotho’s Sh620,000 medical bill was yet to be settled. She also needs some Sh1.4 million for her own medical bills.