Three out of eight widows of the late maverick politician Kihika Kimani have won big after the High Court partially distributed his estate on Friday.
In Justice Samwel Mohochi’s verdict, Margaret Wambui, Alice Mukuhi, and Jane Wanjiru and their 23 children got a huge share of the estate.
The judge ruled that Mary Wangari, Winnie Wanjeri, Charity Nyambura, Mirriam Warau, and Lucy Wangari had no proof why the estate should be divided equally among the eight widows.
He ruled that six properties were available for distribution while 24 properties had disputes and some had no documents, hence unavailable for distribution.
“I find the following assets available to be distributed: 109 acres in Muthengera Farm, Nyahururu, 153 acres in Roselyn Farm, Njoro, 57 acres Shangilia Farm, 314 acres Marmanet Farm, 314 acres in Laikipia and properties in Engashura,” he ruled.
Although the five widows had proposed equal distribution, as per Section 40 of the Laws of Succession, Mohochi ruled that the contribution of each of the widows was considered in his decision.
In distributing the 109-acre Muthengera farm, the court ordered that the same would be shared equally in all the eight houses.
“Each of the houses plus Daniel Kimani will get 12 acres. All shares on the assets are to be shared equally among all the 49 units in the estate of the deceased,” ruled Mohochi.
Valuation costs
In Engashura, Mohochi gave one of the 13 houses to Nakuru Governor Susan Kihika, Mukuhi’s daughter, and others to Elvis Kungu, Cyrus Kimani, Daniel Kungu, and Anthony Gichihia.
The court ruled that the sixth house would be sold with the proceeds used towards the valuation of the entire estate.
“The seven housing blocks are divided equally among the eight widows, and each will get one house. The others are to be given to Wesley Kamunya, Patrick Kiriu, Edwin Thuku, Peter Kimani, Rosemary Wanjeri, and Tracy Wambui, the beneficiaries,” he ruled.
However, in the remaining property, the court only distributed it to the three widows.
He ordered that an incomplete house and plots behind house number seven would be divided equally among Wambui, Mukuhi, and Wanjiru and their 23 children.
Further, he distributed a land next to the incomplete houses, equally among the three widows and their children.
The court also gave the three widows land between the perimeter fence and the first house, for them to share it equally among themselves.
“The first and the third widows proposed a mode of distribution based on the number of children. The fourth to eighth widows opposed it,” said Mohochi.
He noted that Wambui has seven children, Mukuhi has 11, Wanjiru has five and Mary has four, Wanjeri has two, Nyambura six, Warau three, and Lucy two.
Mohochi, in defending the three widows, argued that although polygamous men are generous and would wish for equality, they also would not want to disrupt the lives of their existing spouses.
“The deceased would not in the course of expanding their families, disrupt lives of their other existing prior spouses by reducing acreage of their existing matrimonial homes,” ruled Mohochi.
The judge faulted the five widows for not providing evidence to show that they had stakes in the properties distributed to the three houses.
Mohochi, however, blamed the administrators, Wambui, Mukuhi, Wanjiru, and Warau, for failing to avail documents and titles for the 24 properties to ensure the entire estate is distributed. He directed them to simultaneously agree on a common person to value the entire estate within the next 30 days. The case will be mentioned on July 22, 2025.