Court suspends former MP's Sh1b succession case

Pinkam House in Nakuru is among prime property at the centre of the succession case of the late Nominated MP Philip Kamau. [File, Standard]

Nakuru High Court Judge Samwel Mohochi has suspended the Sh1 billion succession case of late Nominated MP Phillip Kamau after his competency to handle the mattter was challenged.

Kamau's daughter Elizabeth Wanjiku challenged Mohochi's competency in November 2023, after he appointed her brother Joseph Njuguna, and her three stepmothers Teresia Njeri, Margaret Damat and Lucy Wanjiru as administrators of the estate.

Mohochi halted the proceedings in three inheritance case files, touching on the estate of the late MP and his late wife Alice Kahaki, until he rules on whether he is competent to preside over the case.

The files are Succession 16 of 1984 (Estate of Kahaki), Succession 497 of 2013 (Estate of Kamau), and Miscellaneous 33 of 2016, (Wanjiku Vs Njuguna, Njeri, Damat and Wanjiru).

Among the proceedings halted include an application of contempt of court against the four administrators.

Wanjiku accused her brother and stepmothers of disobeying several court orders that barred them from interfering with the estate until the succession case is concluded.

Despite the court appointing the four administrators as the executors, court records show they are not interested in the appointment and plan to reject it.

Wanjiku had in her application in November, made a prayer for Mohochi to recuse himself from the cases, citing biases.

"The court also acted more than its jurisdiction when it varied a ruling of another judge and when it prematurely appointed the four as administrators," submitted Wanjiku.

On Tuesday, Lawyer Gatu Magana, representing one of the administrators, reminded Mohochi that his competency had been challenged by Wanjiku.

She asked Mohochi to suspend proceedings in the case until he deals with the recusal bit.

"The prayer for recusal supersedes all other applications in the case and it should be handled as a priority," said Magana.

She questioned how the court could proceed with the case when its confidence was being challenged by the opposing parties.

Mohochi halted all the proceedings in the case.

"In the meantime, all matters about this case are held in abeyance, pending the ruling on recusal prayer."

He directed Kuria to file a formal application for recusal within seven days and gave the opposing lawyers 14 days to respond.

Kamau died on May 12, 2012, and wrote a will, leaving the majority of his estate to his widows and son.

The estate include Pinkam House and Molo House in Nakuru Town, a slaughterhouse, a funeral home, prime plots, residential homes, shops, land, enterprises, motor vehicles, and money in banks.

Other assets are shares in Mwariki Farm Limited, Kiamunyi Farm Limited, Embakasi Ranching Limited, and Mangu Enterprise Limited. The court will rule on October 31.