Two individuals claiming to be children of the late Housing Cabinet Minister and Malava MP Soita Shitanda have received court approval to be included as beneficiaries of his Sh70 million estate.
Justice Hillary Chemitei barred Shitanda’s widow, Betty Glorious Soita, from excluding twin siblings Candy Kateve and Brandy Mbeyu, who were born in 2001, from a relationship between Mr Shitanda and Agnes Nduku.
The judge ruled that the two had sufficiently proved they were Mr Shitanda’s biological children and upheld their objection to the distribution of the estate without their inclusion.
“The objection proceedings are upheld. The objectors are hereby recognised as Mr Shitanda’s children for all intents and purposes. A joint grant is hereby issued to the petitioners and this matter shall be gazetted forthwith,” ordered the judge.
Former Housing Minister Soita Shitanda during a media breakfast meeting in Nairobi Hotel on September 30, 2009. He died on May 24, 2016 at the Nairobi hospital. FILE PHOTO | WILLIAM OERI | NATION MEDIA GROUP
Mr Shitanda died on May 24, 2016, while serving as chairman of the Agricultural Development Corporation. He had represented Malava Constituency in Parliament since 1997 and served as Housing Minister between 2007 and 2013.
Following his death, Ms Soita and her children, Peter Ngaira and Terence Shitanda, applied for letters of administration as the surviving spouse and children.
However, the move was challenged by the twins, who argued that they were also Shitanda’s children and had not been consulted or included in the succession process. Their objection, dated December 1, 2022, was filed at the High Court in Nairobi.
Before filing their objection, their mother had withdrawn her own claim, clearing the way for them to pursue their case independently.
As part of their evidence, the twins presented birth certificates listing Shitanda as their father and referenced a 2008 case filed by their mother in the Children’s Court in which Shitanda admitted paternity.
They also submitted receipts and cheques issued by Mr Shitanda for their school fees, asserting that he acknowledged and supported them during his lifetime.
In response, Ms Soita maintained that she was the only legal wife of the deceased, having solemnised their marriage both customarily and later at the Attorney General’s office. She claimed not to know the objectors, saying the only time she saw them was in the newspapers during Shitanda’s burial.
Minister for Housing Soita Shitanda during an interview with the Daily Nation. He had said slum dwellers in Kibera would move in to the new houses this week but a court order on Thursday postponed the movement. Photo/CHRIS OJOW ( Nairobi)
She further denied allegations that she had disposed of any estate property, arguing that she lacked letters of administration and that the objection was premature since the grant had not been gazetted.
The court, however, found that the evidence provided by the twins, including uncontested birth certificates and the Children’s Court proceedings, firmly established their relationship with the deceased.
“The Children’s Court proceedings clearly demonstrate that Shitanda took care of the minors, and the cheques issued to various schools sufficiently prove their relationship. I hold that the objectors are the deceased’s children and are entitled to benefit from his estate,” said Justice Chemitei.
On the issue of joint administration, the court noted that since the twins currently reside outside the country, it may be challenging for them to manage the estate directly.
However, the court ordered that all future actions regarding the estate must be done with sufficient notice to the twins or their legal counsel.
