Kihika Kimani's widows say estate bankrupt in succession case

The estate of late Nakuru MP Kihika Kimani is bankrupt, the High Court in Nakuru has heard.

Lawyer John Githui, representing two of eight widows of the late politician, said the estate cannot even raise money for its valuation.

Previously, the estate that has been at the centre of a dispute between the eight widows and over 40 children was estimated to be valued at Sh600 million.

The late maverick politician died on November 19, 2004.

With the economic change, Githui informed Justice Samwel Mohochi that the court ordered a new valuation of the estate in 2019, but the same has not been implemented.

“The estate is broke and it would not raise money for its valuation. A property in Nairobi, which was to be sold to raise the money, is not even part of the deceased's estate,” he said.

The lawyer said raising funds for valuation will be a challenge and urged the court to make a final judgment on the distribution of the remaining assets.

Githui told court that all the widows had sworn affidavits and irrespective of the value of the entire estate, each of them shall get a share.

“The court is invited to ensure equity in the distribution of the estate. For 19 years, five of the widows and their children have not gotten a share of the estate currently in possession of the first three widows,” he said.

Lawyer Charles Kimathi, representing some beneficiaries said there was need for valuation considering decades of usage of the estate by the widows and their families.

Kimathi agreed with Githui that selling the alleged property in Nairobi may take time because its ownership is disputed.

This came up as the hearing of the case commenced seven years after Alice Mukuhi, the second widow, testified in 2017.

Mary Wangari, one of the widows, took the stand on June 13, 2024, and urged the court to ensure the estate is divided equally among all the beneficiaries.

She said she was speaking on behalf of four other widows; Winnie, Lucy, Charity and Mirriam.

Wangari said her late husband left Roslyn Farm in Njoro, Nakuru, measuring approximately 150 acres which has been occupied by Margaret Wambui, Kihika’s first wife since 1974.

She proposed that the farm be divided and shared equally among the eight widows for them to share with their children and grandchildren.

“I heard Margaret propose Rosyln farm to herself and half of a 50-acre property in Engashura, Bahati. That is not fair because other widows and their children will have nothing to inherit,” she told court.

The widow said Marmanet Farm in Laikipia county, measuring 314 acres, has been occupied by Alice since 1973. She proposed that the same be divided equally among beneficiaries.

“Alice has been in exclusive occupation and wanted the portion to remain exclusively in her possession, I disagree with her and I want the same to be shared equally,” she testified.

Wangari further noted that 57 acre Subukia Shangilia farm is in possession of Jane Wanjiru, another widow who has occupied it since 2004. She insisted that the same be shared equally among the beneficiaries.

“If the three widows exclusively own the 314, 150 and 57 acres, others will lose and it will be unfair and prejudicial to them,” she testified.

She said she got married to Kihika in 1980 before he married four other women. She said all the women helped the deceased accumulate his wealth.

“The deceased never discriminated against his wives, he did not write a will and he had 40 children. For 19 years some of his children have not accessed what is rightfully theirs, the court should correct that,” she testified.

Alice Makuhi is supposed to file the list of all the assets of the late politician and all ownership documents.

Kihika served as MP between 1970s and 1980s. He died holding a record as the only MP to serve in three different constituencies.