Kihika's children fight to administer his estate

The wifes of Former Nakuru mp the late Kihika Kimani from left Charity Nyambura ,Miriam Warau,Jane Wanjiru,Alice Makuhi and Lucy Wangare addressing the press in Nakuru on November 12,2016.They said they have solved their family diffarences and now they are supporting their daughter Nakuru county asseembly speaker Susan Kihika in her Nakuru senatorial race contest. [PHOTO:KIPSANG JOSEPH]

The battle for control of the late Nakuru MP Dickson Kihika Kimani’s estate is back in court.

Three siblings have filed documents seeking to replace their mothers who have been administering the Sh600 million estate for the past eight years.

“That the four co-administrators of the estate of Dickson Kihika Kimani (deceased) namely Margaret Wambui, Alice Mukuhi, Mary Wangari and Miriam Warau substituted with three co-administrators namely Florence Nduta, Anthony Kihika and Judy Muthoni,” reads part of the application.

Ms Nduta wants to replace her mother Wambui, while Mr Kihika is seeking to take the place of his mother Mukuhi.

In the application, Wambui is described as being "old, senile and sickly and cannot administer the estate effectively” and Mukuha is said to be “old and infirm and in the circumstances not able and available to practically co-administer the estate”.

Ms Wangari, the court document alleges, is ailing and also refuses to cooperate with her co-administrators. It is proposed that she be substituted with Ms Muthoni.

The fourth co-administrator, Ms Warau, has allegedly messed by disposing off property without authority. According to court records, she has sold a one-acre piece of land excised from property in Marmanet Scheme.

The battle for the estate began in 2005, a year after Kihika’s death. A grant of administration was finally issued in 2009, but, curiously, it was never confirmed because not all of Kihika’s eight wives and 41 children were in agreement on the decision.

In a meeting held last June, the beneficiaries of the estate resolved that the four administrators had been unable to faithfully administer the estate and proposed their replacement.

Those who were living abroad and could not attend the meeting also agreed with the resolutions through e-mails.

The court document says there had been waste and wanton destruction of the estate. A number of parcels of land have been grabbed over the years and tenants have absconded with millions of shillings in rent.

“The beneficiaries believe the only way the estate can be protected is to substitute the current four administrators with the three proposed co-administrators, who are capable and willing to administer the estate diligently. Otherwise, what was once a vast estate is in danger of being diminished to almost nothing,” the application states.

The children further claim there has been general incompetence in the management of the estate’s records on land rates and income tax records, and that there are no bank statements of the estate available for 13 years to date.

“We acknowledge they are our parents and we thank them for this far we have come, whatsoever the conditions. But we strongly believe it’s time for change of guard,” stated the beneficiaries in the June meeting.