AG, lawyer’s tussle delays Belgian’s inheritance case

Belgian Dysseleer Mireille's house in Nakuru that was sold. [Courtesy]

The hearing of a succession case for Sh100 million worth property of missing Belgian woman Dysseleer Mireille is yet to kick-off two years since it was filed.

Lawyer Hari Gakinya on October 10, 2019, filed the succession case.

Mr Gakinya is, however, involved in a tussle with the Attorney General (AG) and the Directorate of Criminal Investigations (DCI) before Nakuru High Court Judge Teresia Matheka, on the legality of the succession case and whether it should proceed or be terminated.

In the October 2019 application, Gakinya who named himself the executor of Ms Mireille’s estate claimed she had died. He named seven beneficiaries to the estate.

However, the case changed its course on December 19, 2019, when detectives from the Serious Crimes Unit, filed an application for termination of the case. 

They claimed Gakinya had lied to the court and they had evidence that he forged Mireille’s Will, dated November 15, 2018, and her death certificate dated July 15, 2019.

“The alleged executor forged other documents he used to file the case including a chief’s letter,” submitted the detectives.

Gakinya’s lawyer Karanja Mbugua opposed the application, he said that the only way the detectives can terminate the case is if they enter as objectors.

In March 2020, Ms Matheka directed the detectives to file an application to be enjoined in the case.

“The only way this succession case can be terminated is by summons for revocation and the detectives need to be a party in the case,” ruled Matheka.

The detectives wrote to the AG to intervene. The case went silent with several mention dates until October 15, 2021, when AG filed an application to be enjoined in the case as an interested party.

Through state counsel Sonia Wanjeri, the AG said the case should be terminated based on fraud, illegality, and concealment of material facts.

Wanjeri said the AG was obligated and permitted by law to enter civil cases as a friend of the court and assist it in making sound judgments.

She told the court the State Department of Civil Registration and MP Shah Hospital had disowned Mireille’s death certificate filed by Gakinya.

The AG believes Gakinya murdered Mireille over her property and he is currently on trial for Mireille’s alleged murder before Milimani High Court, although her body is yet to be found.

Gakinya claims the State Law Office had no role in succession matters and wants the AG’s application terminated.

He argues that the AG has no legal right to enter into a private inheritance case. “The AG has failed to identify any prejudice he will suffer if not joined in the case,” said Gakinya.

Mireille is said to have disappeared after her last Facebook post on October 6, 2018.

Her assets include a townhouse, and a shopping complex estimated to be worth Sh19 million among others.The court will rule on AG’s application in April.