Ex-MP's children fight to control Sh1 billion estate

Pinkam House-Nakuru town, one of the properties at centre of a succession dispute. [File, Standard]

A daughter to the late former Nominated MP Philip Kamau has lost the bid to stop her brother from constructing on land that is part of the Sh1 billion estate.

Environment and Land Court Judge Anthony Ombwayo declined to stop the construction on the 6-acre land in Njoro sub-county, Nakuru county.

Elizabeth Wanjiku wanted the court to stop her brother Joseph Njuguna from going on with the construction claiming that he had no development permit.

"My brother Njuguna started constructing on the land, despite having no permit and a court order stopping the same," she submitted in her application.

However, the judge allowed Njuguna and the county government who are the respondents in the case time to respond to the application by Wanjiku.

Justice Ombwayo did not issue temporary orders but said he will rule on Wanjiku's application on May 9, 2024.

This was after Njuguna and the county Department of Housing and Land said they needed time to defend themselves.

Wanjiku has sued Nakuru CECM Land, Physical Planning and Housing John Kihagi for allowing the construction on the land.

She submitted that the construction that started in November last year has continued without permission from the ministry.

Wanjiku wants the court to compel Kihagi to issue an enforcement notice to stop the ongoing construction.

"The respondent (Kihagi) should be ordered to issue an enforcement notice for the house to be demolished within 30 days," she said.

"The interested parties should be charged with constructing without a permit under Section 57(2)," she stated.

Wanjiku is battling her four siblings over control of the estate of their parents Kamau and Alice Kahaki who died on May 12, 2012 and August 25, 1983 respectively.

It is her claim that despite her mother owning 95 per cent of the estate, her brother and stepmothers stole from her and have been messing with the estate, leaving the rest of the beneficiaries in limbo.

"My brother did not apply for any permit but he has been allowed to construct illegally. The land he is constructing on is supposed to be shared among eight siblings who are beneficiaries," she said.

The four are the administrators of the estate and Wanjiku is adamant they are abusing their responsibilities.

According to Wanjiku on November 17, 2023 an officer from the Department of Physical Planning ordered Njuguna to stop the illegal development but he ignored it.

On December 15, 2023 she said that the officer placed an X sign on the wall of the building to signify the construction had been condemned, the same was also ignored and construction continued.

"The county department has neglected or refused to do its mandate despite demands, injuring not only Wanjiku but the public good," she submitTED.

Kihagi IS yet to respond.

The court will rule on May 9.