Deputy President Rigathi Gachagua and his brother Nderitu Gachagua (background), who died in February 2017.
If any of Nderitu Gachagua’s beneficiaries dared contest what he left them in his Will, drafted just seven days before the former Nyeri governor died, then they would miss out on everything.
That was how far Mr Gachagua was willing to go, to stop any bickering or protracted court cases that would invite the public into private family affairs and risk disinheriting some beneficiaries.
Not only does the document attempt to seal loopholes that usually trigger bitter family feuds, but its provision for children born out of wedlock indicates that Mr Gachagua was fair to anyone he was responsible for.
In some succession battles before court, children born out of wedlock have been a bone of contention with demands for evidence in the form of DNA tests.
Even with that, some beneficiaries still seek the court’s help in disinheriting such children.
Mr Gachagua’s Will was drafted by Njoroge Regeru, one of Kenya’s most respected advocates. Then Nyeri governor, Nderitu Gachagua signed the document in London on February 17, 2017. He died on February 24, 2017.
But even the best drafted of Wills still require the effort of executors, beneficiaries and, to some extent, luck for a seamless succession process.
While the family has never fully disclosed the secrets behind the seamless succession of Mr Gachagua, things seemed to have gone well as there was no opposition when his brother and Deputy President Rigathi Gachagua, close friend Mwai Mathenge and lawyer Njoroge Regeru sought the High Court’s permission to execute the former governor’s Will.
On Monday, the Deputy President said that the family held meetings in which they jointly agreed to alter some aspects of the Will.
For instance, contrary to the Will, 70 units in the Langata View Apartments and a palatial holiday home in Kilifi will now be transferred to the beneficiaries, rather than sell them and the proceeds divvied up.
Sean Omondi, an advocate with experience in dispute resolution and succession matters, said that the document is a good piece of work, as it not only covered immediate family but also provided for children born out of wedlock.
“More Kenyans should actually consider writing Wills of this or a similar kind,” Mr Omondi, a partner at Ronn Law, said.
Several advocates and lays have praised the document that has become a subject of public discussion on account of an impeachment motion against Deputy President Gachagua, the former Nyeri governor’s younger brother.
The Deputy President in his defence argues that some of the proceeds tagged as proceeds of corruption in the impeachment motion are assets he inherited from his brother.
In his life, Nderitu Gachagua let his family hold shares for him in most companies.
Siblings Rigathi Gachagua, wife Margaret Waithiegeni and children Kenneth and Susan held shares in trust in Vipingo Beach Resort Ltd, Olive Garden Ltd, Hard Rock Quarries Ltd, Tripple Eight Construction and Queensgate Serviced Apartments Ltd.
The will indicates that Nderitu Gachagua had two wives, both named Margaret.
Former governor Gachagua left his Karen and Meru homes to Margaret Waithiegeni, and his Langata one to Margaret Nyokabi.
His sons Jason and Kenneth got a home sitting on four acres of ancestral land in Hiriga village, Nyeri County.
Deputy President Gachagua was allocated Mweiga Homes Ltd, which operates in Nyeri.
All other assets were to be sold, and the proceeds shared out to beneficiaries.
Nderitu Gachagua’s children Susan, Mercy, Kenneth and Jason were to each get 10 percent of all sale proceeds.
Other children
A child born to Susan Wanjiru, whose relation to the former governor is not specified, will get two per cent of the sale proceeds.
Another child born to Eva Mukami will get five percent. Ms Wanjiru and Ms Mukami will hold the proceeds in trust for the two minors.
His mother Martha, brother Rigathi and two wives were allocated five percent of the sale proceeds.
The Deputy President’s wife, Dorcas, was allocated two per cent of the sale proceeds.
Jackson, a brother, was allocated four per cent of the sale proceeds. The children of another of his brothers, Fred, were also allocated four per cent of the sale proceeds.
Sisters Lillian, Linda and Eunice are to each get one per cent of the sale proceeds.
Other siblings – James, Johnson, Peterson, Leah and Josephine are to get three per cent of the sale proceeds.
Yoga instructor Jennifer Gacheke Simons will also get one per cent of the sale proceeds. The will indicates that he owed her Sh10 million.
The former governor set aside 11 per cent of the sale proceeds for administrative costs, and another five per cent for the executors of his will – Deputy President Gachagua, Mr Regeru and Mr Mathenge.
The former governor had Sh200 million in his bank accounts.
He also owned seven vehicles – a BMW, Mercedes Benz, Range Rover, Audi, Toyota Mark X, and two lorries.
The former governor owed his lawyer, Mr Regeru, legal bills in the form of Sh13.9 million for an election petition, Sh32.5 million for work done for Vipingo Beach Ltd, and amounts yet to be determined at the time for works done for Triple Eight Construction.
