Shikuku's wealth: Family members in fierce legal battle to share property

Martin Shikuku addresses Kenyans during the Kamukunji FORD rally. [Courtesy] Martin Shikuku son of Onyondi had prepared for the day he was to join the ancestors. So organized was the firebrand politician in life that he dug his own grave, bought a coffin, and arranged four bulls that would be slaughtered for mourners. Perhaps in his life, he hoped that he would not bother anyone with the trouble of trying to figure out his exit to the ancestry or leave his family in a circus of giving him a decent burial. He knew that death was inevitable. And it came knocking while he was 79 years old. Nevertheless, the man who was known during his heydays as the peoples' watchman ended up on the long list of politicians whose wealth is subject to court battles. The battle in Shikuku's home was first sparked by a one-page document that was claimed to be Shikuku's will. The letter was addressed 'to whom it may concern' and was allegedly signed by Orange Democratic Movement (ODM) Raila Odinga, former Kenyan-British conservationist and politician, and Shikuku. It detailed that in the event Shikuku died without a will, two years after the date of death, then it would be deemed to be his final wishes. The letter revolved around Emmanuel Noel Shikuku. The letter had granted him right to inherit Kiminini's land. At the same time, it indicated that Shikuku had only one wife, the mother of Noel, Dolly Achieng Shikuku. In the end, the court found that the document could not have amounted to a will. In the case, Frida Nafuna, Jacob Ndeche, Stephen Ashiembi, Martha Shikuku, and Jacinta Amunga challenged the authenticity of the document. They sued Noel arguing that the politician was a polygamous man. They argued that contrary to the document, Shikuku had three wives; Achieng (deceased), Beverlyn Ongecha (deceased), and Frida Nafuna Shikuku who was the only surviving widow. The five were of the view that the former Butere Member of Parliament had left at least 10 persons alive and who ought to get a share of his earthly wealth. Those listed included Nafuna, Sylvano Madanji, Martha, Timothy Oyondi, Noel, Abraham Andayi, Amunga, Joan Ayuka, Stepehn Ashiembi, Jacob Anceche and Lucy Shikuku. From the court documents, Shikuku was estimated to be worth about Sh25 million at the time of his death. They claimed that Noel got the green light from the court to manage the state using a forged document. According to them, it was impossible to leave Noel with the Kiminini land as Shikuku's two late wives, two daughters, and a son had been buried there. They also accused him of allegedly inter meddling with the estate. In addition, they further claimed the surviving widow had a matrimonial home which was built on the same land. They also cast doubts about how Shikuku failed to recognize his other wives and had only addressed Noel and Sylvano Madanji Shikuku. At the same time, Justice Mugure Thande heard that the 'will' had no listed properties and did not also mention all the other children. "The document put me on inquiry as it had some fundamental flaws that I associate with my father, who during his lifetime proudly practiced polygamy and ensured that all his children knew each other," said Esniembi in his supporting affidavit. According to him, Shikuku died without a will. The five Shikuku children stated that the law firm alleged to have drafted the letter denied having authored the same or even having Shikuku as one of its clients. In addition, they stated that Leakey denied signing the letter on January 28, 2020, having witnessed the document before the court. Raila however did not respond to the queries by the Shikukus. The court ordered that Noel should be served with the documents. Justice Thande noted that he did not respond or attend the court hearing on whether the letter was valid or not. The judge was of the view that since Leakey had denied it, then there was only Raila in the picture. She observed that the law requires that at least two people should sign a will as witnesses for it to have a legal effect. "Even if the will herein were indeed made by the deceased, the same would be invalid for want of 2 competent witnesses. In a situation it is unnecessary to call expert evidence to determine whether or not the signature in the will is that of the deceased," said Justice Thande. In the meantime, she observed that the language in the letter was not that of an advocate. According to Justice Thande, no lawyer would entitle a will 'to who it may concern'. She was of the view that since Noel did not defend the document, she concluded that its authenticity could not be vouched for. She noted that despite the court being told that Shikuku had 10 children, the document had only four; Noel, Madanji, Lucie Awuor Shikuku, and Martina Maende. Justice Thande revoked the greenlight granted on February 23, 2021, to Noel to manage the estate. She appointed Ashiembi and Martha as the administrators. "The Court sees no reason not to exercise its discretion to appoint both as administrators of the estate of the deceased in the best interests of all concerned," decreed Thande. Noel wrote to Justice Thande asking that she withdraw from the case. He alleged that the orders were issued without being heard. In the meantime, in his application for the green light to manage the estate, Noel told the court that after Shikuku died, they introduced themselves as beneficiaries of the estate to an agent who was collecting rent on behalf of the deceased only for the agent to move offices. He said they could not trace the agent. "After issuing notices to the tenants on the same and advising them on the new developments and where to make the payments, the tenants refused, ignored, and continue to refuse to make payments as advised," he stated. Ashiembi and Martha then filed another application against Noel seeking to block him from dealing with the estate. They filed it before Justice Lydiah Achode. Earlier on, Justice Aggrey Muchelule (now a Court of Appeal Judge) had handled the case. Others include Justice Stephen Riechi and Maureen Odero, and it is now before Justice Hillary Chemitei. After, the two administrators- applied to have the estate distributed.They argued that some of his kin had agreed with the proposal to have the wealth divided among all. "There has been no counter-proposal from the other beneficiaries as to how the estate ought to be distributed and hence the submissions to this court of proposals made by the majority of the beneficiaries," Ashiembi and Martha claimed in their application filed last year. They proposed that the Kiminini land, which was estimated to be 113 acres should be split equally to all the beneficiaries. An apartment in Oyster Gardens was proposed to be shared between Amunga, and Ashiembi. In addition, Martha, Oyondi, Andayi, Ayuka, and Andeche were allocated a second apartment in the same estate. A house at Woodley was to be shared by Noel, Andanji, and Lucy. It was also suggested that a property in South C was to be sold and its proceeds utilized to settle the administration fee. The remainder, according to the court documents, was proposed that would be shared equally between all the children and the surviving widow. Ashiemba and Martha also proposed that another property in Lubao should also be sold and the money be utilized and shared as those of South C. Then there was money in the money in the banks. They were of the view that they should be apportioned in equal shares to all. They proposed to also have the shares in Kenya Airways and Kenya Power and Lighting Limited be sold and the amount generated to be shared equally. According to their suggestion, the vehicle was also to be converted into cash and the same would be also shared. The last item on the list was farm equipment. It was suggested that Martha and Ashiembi would hold the property in trust of the rest. Those who signed the document in agreement with the sharing formula are Martha, Nafuna, Ashiembi, Andence, Amunga, and Ayuka. In the meantime, Michael Majimbo came in as the sixth objector. In June this year appointed Achero Mufuayia Advocates as his representatives in the case. Oyondi on the other hand appointed Marienga Advocates while Musyoki Murambi were to come in as Awuor and Noel's lawyers. Shikuku was born on Christmas Day in 1932 in Magadi to John Oyondi and Lucia Andeche. After high school, he briefly worked at Caltex and moved to East African Railways before opting to join politics in 1952 while aged 19. In 1954, Shikuku was appointed to represent Kadu at the Lancaster House Conference alongside Kanu for talks about Kenya's independence. He was the youngest member of this delegation at the age of 28. He also took part in crafting the first Constitution of Kenya at this conference. After the Lancaster House talks, Shikuku joined the Nairobi People's Convention Party (NPCP) and he was immediately made its secretary general. Afterward, he resigned to join the Kenya African Democratic Union (Kadu) as a youth along with Ronald Ngala and Daniel Moi. In 1963, Shikuku vied for the Butere MP seat on a Kadu ticket and won. In 1969, Mzee Jomo Kenyatta appointed him as an assistant minister. However, after a few days, he clashed with Kenyatta after referring to the ruling party Kanu in Parliament as dead. Shikuku was detained and was only released in 1978 after Kenyatta's death. After being released from detention, Shikuku again vied for his Butere MP seat and recaptured it. Then President Daniel Moi appointed him assistant minister for Livestock Development. He was a prominent politician between 1963 to 1997. Shikuku went by the moniker "people's watchman" because he always defended the rights of Kenyans inside and outside Parliament. Shikuku died on August 22, 2012. The case will be mentioned on October 23, 2023, before Justice Hillary Chemitei.

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