Deputy President Rigathi Gachagua's family on Sunday took the unprecedented step to make public details of a Will by his late brother as part of his defence against accusations of amassing ill-gotten wealth.
The Will by Nderitu Gachagua, who died in February 2017 , names the deputy president among the executors and administrators of the estate and lists some properties that have become the subject of impeachment proceedings.
By releasing the will by his brother who was Nyeri governor at the time of his death, the executors of the estate sought to demonstrate that Vipingo Beach Resort, Olive Garden Hotel, Queens Gate Serviced apartments and Langata View apartments belonged to the deceased and deputy president's involvement with the property is because he has been named among executors and beneficiaries of the Will.
Documents attached to the petition to the National Assembly include a Kenya Gazette notice dated June 9, 2017, in which Mr Gachagua alongside Mwai Mathenge and Njoroge Rugeru were listed as executors of the deceased's Will through Musyimi and company advocates.
These properties are part of the Sh5.2 billion portfolio that the motion to impeach him cites as evidence he has exploited his office as deputy president for unjust enrichment.
Affidavits addressed to the National Assembly by Mwai Mathenge and Njoroge Regeru, who act for the estate of the late governor, state the special purpose vehicles - Grand Bypass Apartments Limited and Kuruwiru Properties Limited, were incorporated to convey interests to beneficiaries and have not been used as proxies for illegal businesses as alleged in the motion of impeachment filed against Mr Gachagua.
Separately, the DP who spoke publicly for the first time following an impeachment motion against him by Kibwezi West MP Mwengi Mutuse expressed his pain over what he termed as linking his late brother, former Nyeri Governor Nderitu Gachagua to his woes.
“I’m very pained that my late brother Governor Nderitu Gachagua, a good man, who worked very hard for his family and died eight years ago, his will that he made in privacy is in every newspaper.
"His properties that he worked so hard to leave for his family are everywhere in the newspaper. I wish those who pursue me should allow my late brother to rest in peace,” the DP said during a Sunday service at his Karen residence in Nairobi.
In his own sworn affidavit, the DP also faults ground seven of the motion by Mr Mutuse which alleges that he has amassed the Sh5.2 billion wealth.
“…it falsely and sensationally alleges that I have “inexplicably amassed a humongous property portfolio estimated at Sh5.2 billion” to unlawfully prejudice my reputation and standing with the public and my family.”
Mr Gachagua cited that Outspan Hotel, which is one of the facilities he is accused of acquiring was purchased through a bank loan.
“I have been transparent to the public regarding the ownership of the hotel as there is nothing to hide and the property is not a public asset.,” the DP says in his affidavit.
He pointed out that Treetops Lodge Hotel is an assignment of lease from a private entity which was the previous tenant.
“I do not own Olive Gardens Hotel or Queens Gate Serviced Apartments. These properties belonged to my late brother, Nderitu Gachagua who appointed me as co-executor of his will. In accordance with the wishes expressed in his will, the two properties were sold and the proceeds distributed to his beneficiaries,” he adds.
The DP also denies owning Vipingo Beach resort, saying it belonged to his late brother Nderitu Gachagua who appointed him as co-executor of his will.
