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Lawyer fights AG’s bid to be enjoined in succession case

RIFT VALLEY
By Daniel Chege | Nov 16th 2021 | 2 min read
Belgian Widow Dysseleer Mireille. Detectives believe that she was allegedly murdered between December 11, 2018, and July 15, 2019, over her Sh100m worth of property. [File, Standard]

The State Law Office has no role in succession matters, a lawyer seeking to be the executor of a Sh100 million estate has told the court. Lawyer Hari Gakinya wants an application by State Counsel Sonia Wanjeri, on behalf of the Attorney General (AG) to be enjoined in the succession case of Belgian widow Dysseleer Mireille dismissed with costs.

Mr Gakinya argued that the AG's office has no legal right to enter into a private inheritance case. Through documents filed in court before Justice Teresia Matheka yesterday, Gakinya claims the AG has failed to identify the stake he has in this private succession case.

“The AG has failed to identify any prejudice he will suffer if not enjoined in the case as an interested party,” argued Gakinya. Gakinya is on trial for Mireille’s murder before Milimani High Court, although her body is yet to be found.

Gakinya faults the AG for failing to explain his relevance to the proceedings and reasons why he believes his participation in the private cause will be useful to the court and the public.

AG had on October 15, 2021, applied to be enjoined in Mireille’s case as an interested party. Ms Wanjeri claimed that documents used by Gakinya to file the succession case were forgeries.

Gakinya filed the case as executor of Mireille’s properties estimated to be worth Sh100 million. He told the court that Mireille had died. Mireille assets include a townhouse, a shopping complex estimated to be worth Sh19 million, a luxury car, a lorry, properties in Belgium and accounts in KCB and International Luxembourg Suisse bank.

Matheka directed the parties to respond within 28 days. The case will be mentioned on December.   

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