Court dismisses Kirima children's bid to jail their stepmother

Former Starehe MP Gerishon Kirima. [File]

The Family High Court in Nairobi has declined to punish former Starehe MP Gerishon Kirima’s widow in a fresh row filed by her stepchildren.

The children sought to have Teresiah Wairimu either jailed or fined for allegedly interfering with the estate. Justice Patricia Nyaundi in her ruling, said the application filed by Stephen Kirima and Anne Wangari was not clear on whether Wairimu had allegedly been collecting rent from all properties left by the politician or some of them.

Justice Nyaundi said the internal wrangles would have rattled Kirima from his grave, as they have succeeded in ensuring that he does not rest in peace. “If it is true that the dead turn in their graves every time the living does something that displeases or dishonours them, then some members of the family of G K Kirima (deceased) have succeeded in ensuring that over the past 14 years the patriarch has not rested in peace,” said Justice Nyaundi.

On February 25 this year, the court ordered the family should present a revised proposal for distribution of the estate, factoring in liabilities, gifts and interference within 18 months. At the same time, Wangari and Samuel were to present a final report of all liabilities within six months.

They were to also tabulate ‘ the cost to the estate’ of the interference and pay one Grace Warwathia Sh54 million cash or find a property to equivalent to the amount and transfer to her.

Barely months, the two moved back to court seeking to find Wairimu in contempt of court. They accused her of interfering with the estate. In their case, they asked the Judge to either commit her to a civil jail or fine her.

Justice Nyaundi said the case took a dramatic twist, observing that Wairimu ‘took the stage in Shakespearean fashion.’  She said that her lawyer informed the court that Wairimu was not responding to his calls and messages. This prompted the court to order that the administrators should advertise in the newspaper about the case. “It would appear that the respondent has the proverbial ears on the ground, because she now reached out and instructed both her counsel and responded to the application not by one but by two replying affidavits,” observed Justice Nyaundi.

Wairimu denied the allegation, saying that, on the contrary, she wished that the family would be united and peaceful. At the same time, she said after the court removed her as an administrator, she had stepped aside. She explained that the communication was between her stepchildren and her initial lawyers who had stopped representing her in court.