Former AG James Karugu's sons sue DPP, DCI, claiming charges meant to influence succession

James Karugu former Attorney General [File, Standard]

Kenya’s post-independence second Attorney General, James Boro Karugu’s sons have sued the Director of Public Prosecution (DPP), the Director of Criminal Investigations (DCI), and the Attorney General, seeking to stop prosecution in an extension of a row over their late father’s wealth.

Eric Mwaura and Benjamin Githara contend that the decision to charge them is erroneous, as the issue of Karugu's wealth is still at the High Court.

The two sued alongside Jane Wangechi, William Kimani, Peter Mbuthia, Edward Gatamba, and Joshua Mwaura.

Their lawyer, Daniel Musyoka, said that Mwaura and Githara are listed in the will as children and beneficiaries of Karugu’s billions, while Wangechi and Kimani were the witnesses of the will.

In addition, Musyoka said, Mbuthia, Gatamba, and Mwaura were appointed as the executors and trustees.

He was of the view that the complaint raised to the DCI by Karugu's daughter, Victoria Nyambura, would amount to litigating the contents and validity of the will without the Family Court determining whether the crucial document is a forgery or not.

“Notwithstanding the pendency of the succession proceedings, the Victoria Nyambura Karugu complained, alleging that the will is forged, prompting the second respondent (DCI) to commence criminal investigations into the very same issue,” argued Musyoka.

At the heart of the battle between Nyambura and her brothers is Mathara Holdings Ltd.

The court heard that Karugu had allegedly written a will dated February 2, 2014, and expressed his wishes.

After his death on November 9, 2022, Musyoka said, Mbuthia, Gatamba, and Mwaura moved to the High Court seeking a green light to manage the estate.

According to Musyoka, it is then that Nyambura objected, alleging that the will was a forgery.

“The High Court has expressly directed that the validity of the will be determined as a preliminary issue, given its centrality to the administration of the estate. The hearing is scheduled for 23rd, 24th, and 25th March, 2026,” said Musyoka.

He said that Nyambura then separately filed a complaint with the DCI, who then summoned Karugu’s sons, the witnesses, and the executors in a probe that was meant to have them charged.

They now want the court to find that the probe is illegal and allegedly meant to influence the pending civil case.

At the same time, they are urging to find that the probe is an abuse of the criminal justice system as the issue of the will has not been settled.

“This use of criminal proceedings is intended to pre-empt or influence a pending civil determination which constitutes a collateral purpose and an abuse of the criminal justice system, contrary to Articles 10 and 157 (11) of the Constitution. The decision to investigate was made without procedural fairness, rational consideration of relevant factors, or proportionality,” said Musyoka.