Legacy in limbo: Koinange family's Sh30b estate still mired in land row

In December 2023, a court in Nairobi ordered the family of former powerful politician Mbiyu Koinange to share his Sh30 billion empire after a 42-year legal battle.

Justice Eric Ogola, while dismissing an application to review orders on the distribution formula, ordered that Koinange's son, David Njuno, sign all the relevant papers to ensure that the estate is finally shared out between the beneficiaries.

The judge then appointed the court's registrar to ensure that the estate was distributed. The judge agreed with Justice Aggrey Muchelule's (now a Court of Appeal Judge) judgement delivered on May 7, 2020, that Koinange's estate should be divided among 12 beneficiaries, not according to the houses.

Justice Muchelule had dismissed Koinange's son's argument that they should get more than their sisters. He decreed that all children have equal rights, irrespective of their gender.

Among the properties the court ordered be distribute to the beneficiaries is the 4,292-acre Muthera farm in Mau Narok, Nakuru County. The judge ordered that 800 acres be sold to cover liabilities, debts and costs of administration of the estate. 150 acres to cover roads, a police station, a school and other common amenities.The court ordered that the remaining 3,342 acres, be shared equally among the 12 beneficiaries.

"Muthera Farm (LR No 8669/3 Mau Narok) is 4,292 acres. 800 acres of it shall be sold to cover liabilities, debts and costs of administration of the estate. 150 acres shall cover roads, a police station, a school, and other common amenities. That will leave 3,342 acres, which shall be shared equally among the 12 beneficiaries. That means each beneficiary shall get 278.5 acres," stated Justice Muchelule.

Restraining orders

The decision seemed to have resolved the dispute over ownership of the property; this was, however, not the case.

The family is engaged in a row over ownership of the property with another family in Mau Narok, with attempts to occupy the land proving futile. The battle involves beneficiaries of the estate of Koinange and beneficiaries of the estate of Kikenyi ole Mpoe.

In December 2024, Margaret Njeri Mbiyu, widow of the late minister, filed an application seeking orders to restrain Mpoe from leasing the land to third parties, invading, or in any way whatsoever interfering with the proprietorship rights of the land in Muthera Farm LR No 8669/3 Mau Narok.

Njeri in the application sued Josephat Mpoe, Joseph Mpoe, and 22 others. She told the court that she was granted ownership of Muthera Farm, adding that since confirmation of the grant, all the administrators and beneficiaries have been enjoying quiet possession of the suit property.

She further stated that the land was to be equally shared among the administrators and beneficiaries, with 800 acres remaining for sale to cover the estate's liabilities.

The administrators, according to her, have been unable to fully distribute and use the land, as Mpoe family has since invaded the land without their consent and caused the same to be occupied by other people. The Mpoe's, she stated, have been leasing the land to third parties.

Registered proprietor

The Mpoe's in their response, filed an application dated January 21, 2025, seeking orders that Njeri's case be struck out. Josephat Munke Mpoe, in an affidavit, stated that he was the co-administrator of the estate of the late Kikenyi ole Mpoe, the registered proprietor of the suit property.

He further stated that there is a separate suit, Nakuru ELC E013 of 2020, in respect of the suit parcel.

The Koinange family, he said, has instituted the suit in their capacity as administrators and beneficiaries of the estate. He also stated that there were two suits in the same court over the same subject matter and same parties.The application by Njeri, according to Mpoe, amounts to an abuse of the court process and must be struck out.

He stated that the instant suit can either be stayed or consolidated with the previous suit since the parties are suing and being sued in their capacities as administrators of the estate.

Justice Anthony Ombwayo, in his ruling, noted that the prayer for permanent injunction sought is premature, as no such order can be issued based on a temporary application. He dismissed the application, saying it lacks merit.

The court noted that it is not in dispute that there is a pending suit before the court, being Nakuru ELC E013 of 2020, relating to the suit land and the orders sought are similar.

The farm has been a 'war zone', with bloody confrontations being witnessed over its ownership and administration.

In the latest incident, one person was shot dead after rival groups claiming ownership of the land clashed.

In August 2024, a confrontation ensued at the expansive farm as the family of the late former Cabinet minister conducted an orientation tour of the property for a new group of managers. A group allied to Mpoe family, which is also claiming ownership of the land, confronted the group accompanying the Koinange family.

Ownership documents

Joseph Ole Mpoe, a son of Kikenyi, maintained that the land belonged to his father for a period spanning to before the country gained independence. He said they presented documents which the Koinange family dismissed as forged. He added that the Koinange family had taken advantage of their influence to take over the land.

In 2010, Maasai land rights activist Moses Mpoe and Parsaaiya Ole Kitu, a wheat farmer, were killed. Joseph Mpoe was left nursing injuries.