Kihika’s daughter wants judge out of Sh600m case

Kihika Kimani.

A daughter of former Nakuru North MP Kihika Kimani wants the judge handling the family's Sh600 million succession case to recuse herself.

Erishifa Wanjiru, 61, through her lawyer Kamau Kuria, has filed an application urging Justice Rachel Ng'etich to disqualify herself from hearing the case. She wants the file placed before the presiding judge at the High Court in Nakuru for reallocation. Ms Wanjiru has accused Justice Ng'etich of siding with one of the four families in the case.

The four widows fighting for Sh600 million estate are Margaret Wambui (Wanjiru's mother) and her co-wives Alice Mukuhi, Mary Wangari, and Miriam Warau.

Wanjiru is protesting against a February 11, 2021 ruling that saw the appointment of her younger sister Florence Nduta as one of the four administrators.

The appointment saw Nduta replace their mother Wambui. However, Wanjiru claims Justice Ng'etich had no jurisdiction to grant the orders. She cited a 2019 ruling by Justice Anthony Ndung'u that dismissed Nduta’s application to replace her mother as an administrator. 

The ruling, according to court records, has been appealed and the case is pending before the Court of Appeal. “The court acted in excess of its jurisdiction by reversing a ruling of a court of the same jurisdiction,” reads the application.

She says the judge, without authority, raised her own application and made a ruling on it by granting Nduta the powers to control the late Kihika's property. "The court should note that there is nowhere on record that Nduta applied to be appointed as an administrator since her earlier application was dismissed," she claims.

Earlier, Wambui, 90, had challenged Justice Ng'etich's decision to replace her with her last born daughter Nduta, saying the latter does not have her interests at heart.

She claims she does not trust Nduta, who has been attempting to unlawfully take her position as an administrator since 2018.

Wambui and her co-wives had been clinging on to the administrative position since October 13, 2009, after Kihika, who died on November 19, 2004, aged 78. The application will be heard on July 26.