Nakuru Governor Susan Kihika and her siblings risk losing a huge share of their patriarch Dickson Kihika's assets after the administrators of the former Nakuru North MP failed to prove ownership.
Nakuru High Court Judge Samuel Mohochi, in his judgment, left out a huge chunk of assets that had been listed as part of Mr Kihika’s more than Sh600 million estate after the court failed to ascertain ownership.
The court pointed out that the assets do not form part of the estate and are not available for distribution, either due to unresolved disputes or lack of documentation to prove ownership.
However, the court directed the administrators to collectively present proof of ownership and show the disputes, which shall be referred to the appropriate forum for determination before the property can be distributed.
“The failure by all administrators to avail title documents has hampered the court from rendering a decision that is pronounced with finality. Assets that are subject to a dispute of one kind or another are not free, and are not available for distribution until the dispute is settled or resolved,” stated Justice Mohochi in his judgment delivered on March 14.
Some of the properties include parcels of land and commercial plots in Bahati, Molo, Subukia, Naivasha, Gilgil, Nyahururu, parts of Nyandarua, among others.
The four administrators include Mr Kihika’s widows: Margaret Wambui Kihika, Alice Mukuhi Kihika, Mary Wangare Kihika, and Miriam Warau Kihika.
Ms Wambui was, however, replaced by her daughter Florence Nduta as administrator due to old age and illness.
The court proceeded to distribute the remaining assets to the 40 beneficiaries, who are the children of Mr Kihika’s eight wives.
The widows include the above administrators—Margaret, Alice, and Mary—alongside Miriam Winnie Wanjeri, Charity Nyambura, Miriam Warau, and Lucy Wangari.
Wambui has seven children, Mukuhi has eleven, Wanjiru has five, Mary has four, Wanjeri has two, Nyambura six, Warau three, and Lucy two.
Out of the 30 listed properties, the court distributed only six, as the other 24 had unresolved issues and their titles were never availed in court.
The six include Muthengera Farm (109 acres), Roselyn Farm (135 acres), Shangilia Farm (53 acres), Marmanet Farm (314 acres), a farm in Laikipia (314 acres), and a plot in Bahati.
In the distribution, Justice Mohochi ordered that the first three widows—Margaret Wambui, Alice Mukuhi and Jane Wanjiru—and their 23 children receive a larger share of the estate.
This was against the wishes of the five other widows, who wanted all the property shared equally.
The judge, in his ruling, noted that the five widows had no proof why the estate should be divided equally among the eight widows.
In Engashura, Mohochi awarded one of the 13 houses to Nakuru Governor Susan Kihika, Mukuhi’s daughter, and others to Elvis Kungu, Cyrus Kimani, Daniel Kungu, and Anthony Gichihia.
Justice Mohochi, in defending the three widows, argued that although polygamous men are generous in nature and may wish for equality, they also would not want to disrupt the lives of their existing spouses.
“The deceased would not, in the course of expanding his family, disrupt the lives of his existing prior spouses by reducing the acreage of their existing matrimonial homes,” ruled Mohochi.
Mr Kihika, a firebrand politician, died in 2004 at the age of 74, leaving behind the eight widows.
A succession case filed in court has lasted for over 20 years after the widows failed to agree on the mode of distribution.
The first to third widows felt the statutory formula for distribution of the deceased’s estate was unfair in that they might receive less than what they had enjoyed for decades. They proposed a mode that would allow them a larger share of the estate.
The fourth to eighth houses, however, opposed that mode, arguing it was unfair. They wanted the property distributed equally among the eight houses.
The judge noted that the respective contributions of the widows and their households in acquiring the properties should be taken into account and appreciated in the distribution.
“This court is alive to the risk of deploying a formula factoring consideration of the years the 1st to the 3rd houses were in union with the deceased, leading to discriminative outcomes—bearing in mind the estate remains unvalued,” stated the judge.
He directed that a valuation be undertaken and a report filed within 90 days from the date of judgment.
