Court dismisses AG's bid to be enjoined in missing Samburu widow's case
Lawyer John Hari Gakinya (left) and Ms Lucy Waithera Njuguna at the High Court in Milimani on March 16, 2022 where they are charged with killing Belgian widow Dysseleer Mirreile Lesoipa.
Attorney-General Paul Kariuki has lost his bid to join the succession case involving a Sh100 million estate belonging to Belgian widow Dysselleer Mireille Lesoipa, who went missing under unclear circumstances.
Nakuru High Court Judge Teresia Matheka, in a ruling issued on Friday, dismissed a request by the State Law Office to be enjoined in the case filed by Nakuru-based lawyer John Harry Gakinya.
The AG, in a petition filed in October last year, wanted to join the case as an interested party so as to shed more light on the disappearance of Ms Lesoipa and help the court determine the matter.
The AG, through state counsel Sonia Wanjeri, claimed to be in possession of crucial information that would help the court.
The Directorate of Criminal Investigations, Ms Wanjeri said, had established that the documents that Mr Gakinya used to obtain the letters of administration, including a death certificate, were forged and obtained fraudulently.
The AG wanted to petition the court to terminate the proceedings that he said were based on fraud, illegality and concealment of material facts by the lawyer.
Mr Gakinya, who was suspected of killing Ms Lesoipa, was charged with murder in a Nairobi court.
The judge ruled that it was improper to enjoin the AG in the succession case when there is another criminal matter pending in another court where the AG is represented.
The judge said issues of public interest raised by the AG would be taken care of in the criminal matter against the lawyer and its outcome will have a bearing on the succession case.
“In my view, I do not think it is prudent to join the AG in this case in this particular matter when the state is also involved in that other matter where these same issues are going to be dealt with,” stated Justice Matheka.
The court also revoked the grants of letters of administration earlier issued to Mr Gakinya and appointed a public trustee to manage the estate.
The judge noted that the AG would be represented by the public trustee, who will be in charge of the estate pending the determination of the matter.
“I proceed to revoke the grant issued to the petitioner and place a public trustee in charge. The trustee will take care of the estate through the grant of letters of administration issued to him pursuant to section seven of the Succession Act,” said Justice Matheka.
Ms Lesoipa went missing from her home in Nakuru in July 2018 and her whereabouts are yet to be established.
Mr Gakinya, who successfully petitioned for the letters of administration for her estate, claimed she succumbed to illness while undergoing treatment at MP Shah Hospital.
But the police challenged the claims and convinced the court to suspend the grant, accusing Mr Gakinya of conspiring to eliminate the woman.
Mr Gakinya and his cousin Lucy Waithera have been charged with the murder of the Belgian.
