Widows of former Nakuru North congressman Kihika Kimani; from the left, Charity Nyambura, Miriam Warau, Jane Wanjiru, Alice Makuhi and Lucy Wangari speak to the press in Nakuru on 12 November 2016. [File, Standard]
One of the widows of the late politician Dixon Kihika Kimani lost an offer to keep her as an administrator on the Sh600 million property left behind by the former MP.
Instead, Supreme Court judge Rachel Ng’etich replaced Margaret Wambui, Kihika’s first wife, with his last daughter Florence Nduta as one of the joint administrators of the property.
Wambui wanted to replace Nduta with his third daughter Erishifa Wanjiru. Wambui was the first property manager worth Sh600 million.
Grasping in position
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Wambui, 90, and Alice Mukuhi, Mary Wangari and Miriam Warau, all widows of the politician, have clung to the administrative position since receiving letters of administration on October 13, 2009.
The widows took control of the property after the MP died on November 19, 2004, at the age of 78.
However, in 2018, his three children Florence Nduta (from Wambui), Anthony Kihika (from Mukuhi) and Judy Muthoni (from Wangari) filed for requests to replace them as administrators.
The children claimed that their mothers were old, senile and unable to exercise the functions of administrators.
The four widows objected to the request. They said they were still strong enough to manage the properties on behalf of the other beneficiaries.
Judge Anthony Ndung’u dismissed the request on January 24, 2019. The brothers were dissatisfied and filed an appeal dated April 17, 2019. It is still pending before the Court of Appeal.
However, on November 1, 2019, Wambui changed her mind and left the position of first administrator.
She ensured that Wanjiru assumed the position of administrator, claiming that she would be well represented on the properties.
Wanjiru swore the declaration on behalf of his mother and claimed that his mother was old and in poor health.
“The first administrator (Wambui) asked for the resignation and replacement of the applicant (Wanjiru), who will look after her interests in the properties”, says the application.
Wanjiru said his mother had worked hard for the past 15 years and fulfilled her administrative obligations honestly and fairly.
“The beneficiaries agreed and signed the consent that the applicant replace her mother to represent her interest in the properties of the process,” said the application.
Wambui was married to Kihika for 50 years before he died.
Opposite by nduta
The request was contested by Nduta, 51, and his stepmother Mukuhi.
In his reply dated December 6, 2019, Nduta said that not all beneficiaries signed the consent.
“Only seven out of 47 beneficiaries deliberated and consented to replace the interviewee’s mother (Nduta) with one of her daughters,” said the reply.
She claimed that, despite being a beneficiary, she did not have a chance to give her consent as required by law.
“The interviewee was not informed of the replacement. She doubts that consent was obtained justly. ”
Nduta informed the court that she and her two brothers had an outstanding appeal related to the replacement of her mother as an administrator.
She added that her sister Wanjiru has resided in the United States since 1997 and only visits Kenya occasionally.
“Because of the distance between the United States and Kenya, the candidate is not suitable to be an administrator,” said the response.
Her feelings were echoed by her stepmother Mukuhi, who said that Wanjiru was not to be trusted because she was abroad. None of Nduta’s claims have been challenged.