The High Court has ordered for preservation of properties owned by son of former powerful Cabinet Minister the late Mbiyu Koinange, David Waiganjo Koinange, pending determination of a family dispute over control of the multi-million-shilling estate.
Judge Maureen Odero has also declined to lift suspension of the powers that had been granted to Mr Waiganjo's widow and daughter by the court in January 2021 to administer the estate during the cause of succession proceedings.
The judge barred the family of Mr Waiganjo or any other person from distributing, disposing, transferring or in any other manner whatsoever interfering with the estate following wastage claims.
She said the order will remain in force pending full determination of a request for revocation of the powers granted to Mr Waiganjo’s widow, Nancy Wairimu Waiganjo and daughter, Yvonne Wanjiku, to manage the estate.
The court dispute pits the two against three other persons claiming stake in the estate as beneficiaries and they have since raised objections against the Grant of letters of Administration Intestate issued by court to the widow and the daughter.
They include Christine Njoki, Rita Nduku (who also claims to be a widow) and Sophia Mukai Binga (suing on behalf of Lena Wanjiku).
“I have taken note of the allegation made by both parties that the estate is being wasted. I deem it prudent to make orders preserving the estate pending final determination of the summons for Revocation of Grant,” said the judge.
“Parties are reminded that any dealings with the estate property without the authority of the court amounts to intermeddling which is a serious offence and is punishable by Section 4 of The Law of Succession Act,” said Justice Odero.
In addition, the court declined a request by the widow and the daughter to lift suspension of the Grant of letters of Administration issued to them on January 3, 2021 and restore the power, authority and validity of the Grant.
The court suspended the letters on November 10, 2021 and directed that the Grant be returned to the court. This resulted from claims by the objectors that the estate was being wasted and that there was intermeddling with the assets.
The court heard that during the pendency of the hearing, four vehicles were transferred from the name of Mr Waiganjo to the widow and daughter.
Upon being questioned by the court Ms Wairimu admitted that it was true the vehicles had been transferred into her name.
Justice Odero noted that the transfers were done in September 2021 after the hearing of the summons for revocation of Grant had commenced.
“The suspension of the Grant now means that Ms Wairimu and Ms Wanjiku can no longer represent themselves as administrators of the estate and that any dealings with the estate by either the petitioners or the objectors will amount to intermeddling,” said the judge.
The widow and the daughter had alleged that the court was misled into making the orders suspending the Grant due to misrepresentation and falsehoods presented by the objectors. Thus they alleged that the orders were made in error.
They added that the objectors, “who are neither widows nor children of the deceased”, have been squandering funds held in the bank accounts of Mr Waiganjo.
However, the court also observed that the administrators had leased out another asset. Ms Nduku told court that the petitioners had in September 2021 entered into a five-year lease Agreement with a company known as Flower Quest Limited.
“In order to protect the sanctity of the court process and in order to secure the beneficial interest of the parties claiming to have a stake in the estate of the deceased. I’m of the view that the Grant issued on January 3, 2021 ought to remain suspended,” said Justice Odero.
Mr Waiganjo died on September 10, 2020 following a road accident on Mau Narok-Nakuru road.
According to a letter from the Assistant Chief, Rwaka Sub-location, Mr Waiganjo was survived by one widow (Ms Wairimu), three daughters (Damaris Wambui, Yvonne Wanjiku and Yvette Kaibura) and four grandchildren.
