Two women claiming to be daughters’ of late cabinet minister Arthur Kinyanjui Magugu have moved to court seeking to stop the sale or transfer of a parcel of land in Nairobi’s central business district where famous Simmers Restaurant once stood.
Ms Jacquiline Njambi Magugu and Evan Wanjiru allege that excavation and other developments are ongoing on the parcel of land without their knowledge and consent as beneficiaries of the estate.
Mr Magugu, a former Githunguri MP died on Saturday September 15, 2012 at his home in Ridgeways in Githunguri, after ailing for some time.
He served in different ministries under President Moi’s government including Finance, Health, Transport and Communication and Commerce
The two women, who moved to court in 2015 seeking to revoke a grant issued to the widow Ms Margaret Wairimu Magugu claiming that they had been left out as beneficiaries of the estate.
When she obtained the grant to administer the estate in June 2015, Mrs Magugu listed herself and her children Gicho Kinyanjui Magugu and Mariam Susan Njambi Magugu as beneficiaries.
However, Jacquiline and Eva, who are from separate mothers, claim that they are biological children of the late Magugu.
Former Cabinet minister Arthur Magugu who died on September 15, 2012. Photo/FILE
However, Jacquline filed a fresh application in December last year citing the developments on the plot on Kenyatta Avenue.
She said the land is partly owned by Nilestar Holdings Limited (42 percent shares), a firm that belonged to Mr Magugu and Jalaledin Ebrahim and Shirza Fatehali Nanji, who are executors of the estate of Madatali Hashan Abraham (58 percent).
Jacquiline said in the application that a search in the Registrar of Companies allegedly shows that Mr Stephen Kirumba Njoroge has allegedly taken all the 42 shares that belonged to the estate.
“There is now imminent danger of the deceased shares in Nilestar Holdings Limited being brazenly interfered with through potential unauthorised transfers to strangers, fraudulent activities, abusive self-defeating or breaches of corporate governance that could dilute ownership of or diminish the assets of the Estate,” Jacquiline said in an affidavit.
She said the succession matter is part-heard and they, as objectors in the matter, have closed their case and the case is awaiting defence hearing.
Jacquiline and Eva are seeking the revocation of the grant and for the court to order the preservation, restriction or sale or transfer of properties, assets, shares and bank accounts belonging to the estate, in the main case.
They challenged the grant in 2018 saying that the widow obtained it without full disclosure Magugu’s dependants and beneficiaries. “The applicant/objector has been sideline and completely excluded in the petition and distribution of the estate of the deceased to her detriment as beneficiary and dependant of the deceased estate,” she said in the application.
The two women also sought orders stopping the widow from collecting rental income and withdrawing monies from the bank accounts, pending the determination of the case.
Once popular Simmers Restaurant in Nairobi before it was demolished.
Photo credit: File| Nation
They claim that it was clear that the widow was intermeddling with the estate by facilitating the transfer of the properties to third parties.
“That there is high likelihood of irreversible los, injury and damage to the estate’s assets since the properties comprising of the Estate of Arthur Kinyanjui Magugu will be wasted, disposed of or otherwise interfered with unilaterally by the 1st respondent (Mrs Magugu) to the detriment of the other beneficiaries,” she said.
Jacquiline says unless the orders sought are granted, the pending case would be rendered useless and an abstract academic exercise.
“That effectively the subject matter of this application would cease to exist having been overtaken by events rendering any determination by the court moot and for no practical or legal consequence,” she said.
In the main case, Jacquiline maintained that she is Magugu’s daughter and was willing to undergo a DNA test to confirm the same.
