Former Othaya MP Mary Wambui. She is among 14 individuals who may testify in a succession case involving the estate of former President Mwai Kibaki.
Former Othaya MP Mary Wambui is among 14 individuals who may testify in a succession case involving the estate of former President Mwai Kibaki.
The High Court is currently inquiring into the rightful heirs of his wealth and the true value of his assets.
Former Othaya MP Mary Wambui.
Fresh court filings reveal that the controversy surrounding Ms Wambui’s relationship with Kibaki, his health status and the medical treatment he received before his death in April 2022 are expected to surface during the hearings.
Kibaki’s family led by Judith Wanjiku Kibaki is locked in a legal battle with two individuals—Mr Jacob Ocholla and Ms JNL—who claim to be Kibaki’s children. They are seeking legal recognition as heirs and a share of the estate.
Mr Jacob Ocholla who is claiming to be former President Mwai Kibaki’s biological son.
Mr Ocholla and Ms JNL have filed an application at the High Court's Family Division in Nairobi requesting that Ms Wambui be summoned to testify regarding Kibaki’s estate. Their lawyers argue that her testimony and subsequent cross-examination could be pivotal in supporting their claim for recognition and inclusion in the estate's distribution since they were not listed as beneficiaries in Kibaki's will.
According to the court documents, the longstanding controversy regarding claims that Ms Wambui was Kibaki’s wife may be revived. The objectors want her "to give evidence and/or produce documents in respect of her marriage to Kibaki under customary law and her rights in this succession cause".
Other individuals the objectors wish to summon include Ms Winnie Wangui Mwai and the Chief Executive Officers of the Karen Hospital, the Nairobi Hospital and Lancet Kenya.
Also listed in the objectors’ “notice of cross-examination and request for a summons to produce documents or give evidence” are lawyers Philip Coulson, Angela Wanjira Mbuthia, Anne Njeri Maina, David Wanjala and Otieno Clifford Richard.
Regarding the CEOs of Nairobi and Karen Hospitals, the objectors, through lawyers Philip Murgor and Omoke Morara seek to cross-examine them on confidential medical records and reports related to Kibaki’s inpatient and outpatient treatment up to his death on April 22, 2022.
Judy Kibaki, daughter to the late former President Mwai Kibaki, makes her remarks during the second Mwai Kibaki Memorial Lecture and Luncheon in Nairobi on April 11, 2025.
The CEO of Lancet Kenya according to court papers may be questioned on the results of a DNA test conducted between Ms JNL and one of Kibaki’s children.
“The results continue to be held due to the lack of cooperation for the release by the (name withheld) petitioner,” says lawyer Murgor.
For Ms Wangui, the objectors want her “to give evidence and/or produce documents in respect of her relationship with Kibaki and her rights in this succession cause.”
Lawyer Mr Coulson will be questioned regarding affidavits filed by Judith Wanjiku Kibaki, Angela Wanjira and Anne Njeri as well as his overall involvement in the succession matter.
Separate witness summons have also been sought for Ms Wanjiku and her siblings—Jimmy Kibaki, David Kagai and Anthony Andrew Githinji—to appear in court for cross-examination.
Kibaki passed away at Nairobi Hospital on April 22, 2022, aged 90. His will dated December 23, 2016 named his children Judith Wanjiku, James Mark Kibaki, David Kagai and Anthony Andrew Githinji as executors. It outlined how his estate should be distributed, though no specific properties were listed.
Former President Mwai Kibaki.
In her petition for the grant of probate, Ms Wanjiku stated that Kibaki’s known assets included seven parcels of land in Othaya and Nyeri valued at approximately Sh50 million. He reportedly had no liabilities.
However, this figure has been challenged by Ms JNL who claims the value of Kibaki’s estate was grossly underreported. The will simply states that his cash would be equally divided among his children and that some unspecified assets would be distributed based on a separate written memorandum addressed to the executors.
The will also directed that after paying debts and expenses, the remaining assets be transferred to a holding company in which Kibaki and his children would be shareholders.
He had also stated: “Identified amount of money or assets of mine shall be distributed to such persons in accordance with my wishes expressed in any written and witnessed memorandum directed and executed to my executors”.
Ms JNL in an affidavit says she began investigating Kibaki’s wealth after being excluded from the will.
She claims to have discovered that Kibaki held directorship and shareholding positions in several major companies including those co-owned with businessmen such as Chris Kirubi, former Tetu MP Joseph Augustine Gethenji and Charles Mwangi Gathuri.
Among the companies listed are International House Limited, Pinpoint Investments Limited, Farmlands Company Limited, Kentrout (1972) Limited, Gingalili (1968) Limited, Lucia and Company Limited, and Roirie Investment Company Limited.
In these investment vehicles, Kibaki was a director and shareholder.
Ms JNL’s documents obtained from the Registrar of Companies show Kibaki held 20,033 out of 100,000 shares in International House Limited and was also a shareholder in Farmlands Company Limited through Wain Limited and Wagema Limited.
“I moved to court because I had been left out of the will and because the petitioners—Judith Wanjiku, James Mark Kibaki, David Kagai and Anthony Andrew Githinji misrepresented the true value of my late father’s estate,” says Ms JNL in her affidavit, citing “blatant secrecy, inconsistencies and misrepresentation.”
The High Court hearing is scheduled to begin on June 26, 2026, at Milimani Law Courts before Justice Erick Ogolla.
