Court halts Belgian widow's Sh100m estate battle
National
By
Daniel Chege
| Aug 16, 2024
The High Court has suspended a Sh100 million succession case involving the estate of missing Belgian widow Dysseleer Mireille, who is presumed dead.
Mireille's lawyer and executor, Hari Gakinya, along with one of the estate's beneficiaries, Lucy Waithera, are facing murder charges in connection with her disappearance.
Mireille has been missing since October 6, 2018, and her body has not been found.
On Wednesday, August 14, Nakuru High Court Judge Patricia Gichohi ruled that the succession case will remain on hold until the murder trial against Gakinya is concluded.
Gakinya's lawyer, Karanja Mbugua, had requested that the succession case, filed on October 10, 2019, proceed so the estate could be distributed among the seven listed beneficiaries.
These include Waithera, two students, John Lemarat, Ntalie Lenolkiok, Mireille's driver Joseph Wanjohi, and Daniel Moens.
However, the Attorney General's office, which holds the grant of letters of administration under the public trustee, opposed the request, stating that the succession case cannot proceed until the murder case is resolved.
"Confirmation of the grant can only take place after the conclusion of the murder case. The executor and one of the beneficiaries have been charged in Nairobi in criminal case 10 of 2020," said the AG.
The Attorney General's office also stated that there was nothing to confirm in the succession case, as the grant initially issued to Gakinya had been revoked and reassigned to the public trustee.
The AG's office explained that the case was referred to them by the Directorate of Criminal Investigations due to allegations of forgery in the will that named the beneficiaries.
Justice Gichohi directed that the status of the murder trial be reported to the court during the next mention on November 25.
Previously, on April 21, 2022, Justice Teresia Matheka, who was then presiding over the case, appointed the public trustee as the administrator of the estate.
She ruled that the public trustee would manage the estate until the murder case against Gakinya is resolved. "The executor (Gakinya) is directed to hand over the will and any relevant estate documents."
Gakinya had claimed that Mireille died on July 15, 2019, at MP Shah Hospital. But both the State Department of Civil Registration and MP Shah Hospital denied the authenticity of the death certificate he presented.
The case will be mentioned on November 25.