Gachagua furious as late brother's estate is dragged into impeachment battle

Deputy President Rigathi Gachagua at a pst function. [File, Standard]

Deputy President Rigathi Gachagua has condemned the alleged involvement of his late brother James Nderitu Gachagua's estate in the impeachment motion against him.

Gachagua, who spoke from his official Karen residence, was furious that proposers of the motion mentioned properties of the late Nyeri Governor as proceeds of crime in the DP's ouster motion.

The former Mathira MP accused Kibwezi MP Mwengi Mutuse of 'signing a motion he had not read,' urging his critics to have respect for the dead.

Earlier today, executors of former Nyeri Governor James Nderitu Gachagua's will have came out to defend the deputy president, arguing that the bulk of the Sh5.2 billion wealth is part of the deceased’s estate.

Nderitu entrusted senior lawyer Njoroge Regeru, Rigathi, and Mwai Mathenge with his earthly wealth.

Regeru and Mwania now say Mutuse’s impeachment motion against Gachagua is defective because it incorporates the former Nyeri governor’s wealth.

In an affidavit sworn on October 5, 2024, Regeru and Mathenge said, following the deceased’s wishes, the property listed were either sold and the proceeds shared, or new companies were started to accommodate all the estate's beneficiaries.

They denied being used as Gachagua’s proxies.

Mutuse listed at least 22 companies and four high-end properties as part of the wealth that Gachagua had allegedly amassed in the past two years.

However, Regeru and Mathenge said some of what the MP had listed belonged to the former governor’s estate. According to the administrators of the estate, the MP listed late Nderitu’s properties in three pages- 18,19 and 23.

Nderitu died on February 24, 2017 at Royal Marsden Hospital, Chelsea in London, United Kingdom. He appointed Regeru, a senior lawyer, Mathenge and Gachagua as executors of his will. Their task was to distribute his wealth among the beneficiaries.

“Neither of us has been used as proxy by any person or for any purpose whatsoever,” said Regeru and Mathenge.

The two explained that Vipingo Beach Resort Limited owned 
Queensgate Serviced Apartments in Nairobi County, Lang'ata View Apartments and three properties in  Kilifi and the Manland North, Mombasa.

At the same time, they stated Olive Garden Limited owned L.R. No. 209/380/9 in Nairobi County where the Olive Gardens Hotel is situated.

However, they argued that Hard Rock Quarries Limited, Tripple Eight Construction (K) Limited and Queensgate Serviced Apartments Spa & Resort Limited did not own  properties.

According to them, Queensgate was sold to Cooperative Bank of Kenya Limited Staf Retirement Benefits Scheme, while Olive Garden was told to TM Civil Engineering Limited.

They added that Langa’ta View owned 70 apartments. For this, the executors stated that they formed a special purpose vehicle to enable them share the apartments to the beneficiaries.

The document filed before Parliament indicates that two properties in Kilifi and Mombasa were also transferred to the SPV.

“It will be noted from the Form CR 12 that Kuruwitu Properties Limited is
John Mwai Mathenge holds the directorship exclusively as a Nominee of the Estate and representative of the joint will executors. Mr. John Mwai Mathenge holds no shares in Kuruwitu Properties Limited,” they said.

Their argument echoes that of Gachagua before the High Court.

He claimed in his case against the National Assembly that the wealth listed in the ouster motion was exergerated and based on falsehoods.

“For instance, Ground 7 of the motion at page 17, falsely and sensationally alleges that I have “inexplicably amassed a humongous property portfolio estimated at Kshs 5.2 billion” so as to unlawfully prejudice my reputation and standing with the public and my family,” claimed Gachagua.

He singled out Outspan Hotel, Treetops Lodge, Olive Gardens Hotel, Vipingo Beach Hotel, Queens Gate Serviced Apartments, and several parcels of land in Nyeri and Meru counties as among those that are twisted or is erroneously attached to him.

“Had the mover of the motion bothered to ask me or carry out elementary searches at government registries before sensationally making his false, wild, salacious and malicious allegations, he would have found the truth,” he continued. 

According to the embattled DP, Outspan hotel was purchased through a bank loan.

He said: “I have been transparent to public regarding the ownership of the hotel as there is nothing to hide and the property is not a public asset.”

At the same time, he claimed that Treetop was leased from a previous owner who had rented the facility.

Gachagua was emphatic that he does not own Olive Gardens Hotel or Queens Gate Serviced Apartments.

He asserted that the two were sold and the proceeds distributed  to his beneficiaries.

He also denied owning Vipingo.

“As stated above, the foregoing facts demonstrate the falsehoods, outright lies, deceit, misrepresentations and suppression of material facts which have been peddled to the public so as to achieve the improper and unconstitutional purpose of my choreographed political lynching. I have a cogent basis that demolishes each and every of the 11 alleged grounds set out in the motion which will not be considered by the public if the public participation exercise scheduled for  October 4, 2024,” he said.