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Tycoon, 86, denies owing grandsons any wealth

RIFT VALLEY
By Lynn Kolongei | November 24th 2021

David Wakaimba after the hearing of the succession case at the High court in Eldoret. [Lynn Kolongei, Standard]

A businessman in a succession dispute with his grandsons over Sh100 million property has testified in an Eldoret court that his son, who died 34 years ago, left behind no property.

David Mburu Wakaimba, 86, told High Court judge Reuben Nyakundi he bought the disputed property decades ago when his son Samuel Mburu was barely nine.

Wakaimba said his grandsons Kevin and Ivan Wakaimba, and their mother Rose Tiren were not right to claim ownership of the property, including 100 acres of agricultural land in Plateau, Uasin Gishu County. 

“All property that my late firstborn son had, including the business in Eldoret town and the farm in Plateau, where he was buried, belonged to me. I own the property and have documents to prove so,” said Wakaimba.

He told court he had sold the land since it was difficult to access it during and after the 2008 post-election violence.

The grandsons had filed a succession case in court, accusing Wakaimba of locking them out in the share of their father’s estate. 

They had wanted court to compel Wakaimba to include them in the share of their father’s estate so they could pay university and college fees. The two said they had dropped out of college for lack of fees.

But Wakaimba accused his grandsons of being ungrateful despite paying more than Sh5 million for their college studies.

“I have gone out of my way and made sure I paid fees for my grandchildren from my own pocket since I did not want them to miss school. I have been maintaining the said applicants using my own money, and to the best of my knowledge, my grandchildren herein have completed school,” said Wakaimba, a renowned businessman and Bata shoe company distributor in Eldoret.

Wakaimba told court he cared about the two, and that he had allowed them to work in his business premises in town and trained them to be successful businessmen.

He claimed his grandsons were, however interested in white-collar jobs and not business.

“I love my grandchildren and despite educating them, I have been willing to coach them on how business is done so that they can get income of their own.

“I have always told them they can choose whatever business they like, and I will accord them full support,” said Wakaimba.

He told court that he had given one of the grandsons Sh150,000 to start a business, adding that he wanted them to be close to him and respect him.

Kevin and Ivan filed the case in 2019. The duo also filed an application seeking summons to annul and revoke their grandfather’s grant of administration of their late father’s estate, which the Magistrate’s Court had granted Wakaimba in October 1990. 

According to the brothers, Wakaimba obtained a grant as an administrator in their father’s estate by fraud after concealing the particulars about the whereabouts of their mother - widow and the children of the deceased.

Ivan further stated that their grandfather obtained the grant of letters of administration and insurance for the death of their father after he reportedly lied that the widow could not be traced and had no surviving children.

Their mother who also testified in court said that she had been forced to move to her parent’s home after her husband’s demise as she had no place to live.

She added that her in-laws had not sought her involvement in the management of her husband’s property while adding that she did not have any documents proving her ownership of the disputed property by her late husband.

The case will continue on December 6.

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