Tycoon’s daughters sue step-mother over Sh50 billion estate

Kunste hotel

A major legal battle looms over a Nakuru tycoon’s Sh50 billion estate after his three daughters moved to court to stake a claim to his wealth.

The daughters of the late Stephen Kung’u Kagiri claim their step-mother Grace Nyambura together with her four children plan to lock them out of the deceased’s vast estate.

According to court documents, the three daughters Naomi Wambui , Rahab Wamucii and Bilha Wanjiku, children of Kung’u’s second wife the late Joyce Wanjiru Kung’u, say there have been attempts to transfer funds from the deceased’s accounts.

The tycoon was the proprietor of some popular entertainment joints and hotels including Kunste Hotel, Pivot Hotel and Club in Nakuru and Monte Carlo Club in Nairobi.

Other property include Luthuli House, Parklands Villa, Ambassador Court near Integrity Centre, three house blocks in Hurlingham and Ojijo Plaza in Nairobi, which fetches Sh2 million a month.

The deceased also owned buildings in Parklands and Ngara in Nairobi and vast parcels of land in Kiambu, Nakuru and Nyahururu among other property. The three also cite seven bank accounts operated by the deceased including one with a fixed deposit of Sh1.5 billion and Kuka investment, where he was the majority shareholder.

The three accuse Ms Nyambura and her children Kansas Kagiri, David Ng’ang’a, Francis Ndegwa and Serah Wanjiku of denying them finances saying there quality of life has deteriorated.

Kung’u, a shrewd businessman, who avoided the limelight, had indicated he wanted his death and funeral to be a private affair devoid of fanfare and drama.

Sidelined

But the fight for his property began in earnest before he could be laid to rest when the three rushed to court to block the burial following their exclusion from the funeral programme.

He was later buried at the Nakuru North Cemetery on April 15, after the complainants were included in the funeral programme.

Ms Wambui said when her father passed on at his Pivot Hotel in Nakuru on April 6, they were sidelined and only learnt about his death from one of the workers.

“The defendants took up the issue of making all the burial arrangements where meetings were by invite only and we were kept off throughout,” she stated.

But Nyambura denied the claims and accused the complainants of seeking to forcibly pre-determine the administration of the deceased’s estate contrary to the succession cause.

She said when Kung’u was ailing in Nairobi, she never saw the three.
“I never saw the plaintiffs show up to allege any relationship with the deceased as now alleged in the proceedings,” she said in her affidavit.

In the succession cause No 119 of 2015 at the Nakuru High Court, it is indicated that Kung’u died “intestate” which is the act of dying without a Legal Will.

Lawyer Karanja Mbugua who is representing the late Wanjiru’s daughters has cautioned Barclays Bank Westlands Branch against allowing any withdrawals in one of the businessman’s account with more than Sh1 billion.

“Our client has legitimate fears that they have information that Nyambura in cahoots with some if not all her children, have hatched a scheme of making massive withdrawals of transfers of all the funds in this fixed deposit, which has more than Sh1 billion into their personal accounts,” the lawyer in a letter to the bank dated April 22, stated.

The daughters said their fears emanate from a meeting allegedly held between Nyambura and some of her children and a senior bank officer at the deceased’s home in Ambassador’s Court in Nairobi on April 21.

“You sat with them and had lengthy discussion running into hours from 3pm to after 5pm. It is our clients’ hope that the discussion was not intended to offload, withdraw, transfer or deal with the deceased funds,” the letter said.

They have also written to Deputy Registrar at the Nakuru High Court to caution against any issuance of letters of administration to the estate without their involvement.

They say the first wife’s family has been reaping profits from the deceased’s businesses and establishments, unfairly leaving them out.

“Being comfortable with these wrongful benefits, they are not in a hurry to take out a grant of letters administration or even involve us in seeking the grant.”

The complainants said they had obtained Kung’u’s death certificate and are aware that Nyambura has also obtained one, but has not bothered to communicate to them at all. They also want any withdrawal or transfer of funds from Pivot and Hotel Limited stopped until the succession is addressed.

Kung’u was born in Elburgon in 1939. He first opened a butchery in Nakuru town then later ventured into the hotel sector. He was one of the first traders in the town to establish a tourist hotel and entertainment joint. He was involved in church activities and donated land to some churches in Nakuru as tithe.