Why Kihika's succession case has dragged on for 20 years

Maverick politician Dixon Kihika Kimani died on November 19, 2004. Soon after, a dispute over the sharing out of emerged- involving his eight widows, more than 41 children and grandchildren.

The tussle over the estate estimated to be worth Sh600 million is now before Justice Samwel Mohochi, who last week reminded the parties that the court is only bound to serve the interest of the late politician.

The judge regretted that since Kihika died 20 years ago, the family has yet to agree on how to share the property.

The judge was also troubled by the disunity among all administrators of the estate who have declined to work together, delaying the case further.

“The train left the station but some administrators are playing a catch-up game. We need proof of all the assets and documents. All administrators should be responsible,” directed Mohochi.

The judge set February 11, 2025 as the date of judgment and directed all administrators to file records and documents of assets within 30 days.

Lawyer Kamau Kuria, representing a beneficiary, told the court that some of the widows have been living in uncertainty for the last 20 years while others enjoyed the estate’s vast land.

“The widows are getting old and may die before enjoying the estate,” said Kuria.

Lawyer Mutonyi Mbiyu, who represents one of the widows said she can only trace photocopies of documents in respect to four parcels out of 27 listed properties of the estate.

Mutonyi said the case may be delayed because they were unsure of some of the properties while others were being contested by non-family members.

The case has been in court for 19 years. Bulky documents in court give detailed information on why the case has not been concluded to date.

Kihika died without writing a will. His eight widows  are Margaret Wambui, Alice Mukuhi, Jane Wanjiru, Mary Wangari, Winnie Wanjeri, Charity Nyambura, Mirriam Warau, and Lucy Wangari.

Wambui moved to court on July 28, 2005, and sought court orders for the estate to be shared equally among all the widows.

Mary, the fourth widow, filed an application on January 29, 2006, seeking Sh181,586 to cater for her children’s education bringing a rift between her, Mukuhi, Wanjiru, and Wambui.

Mary also claimed that the three were exclusively enjoying Kihika properties in Laikipia, Subukia and Njoro, secluding other widows.

“The three have failed to disclose that some of the properties they own belong to our late husband,” claimed Mary.

She sought orders for a joint account to be opened, a school they owned — Bahati Valley Academy — to be leased and the income to be shared equally among them.

Mary also continued fighting Mukuhi and Wambui over the 300-acre land in Laikipia and the 100-acre land in Njoro they respectively possessed.

“Mukuhi’s property was raising a rent of Sh1 million every month. A huge sum of money, enjoyed by one person,” she claimed.

The case was diverted on August 13, 2007, when Charles Muchuka filed an application, claiming that his mother Agnes Muthoni was married to Kihika under Kikuyu customer marriage.

The application was dismissed by Justice Daniel Musinga who is now the President Court of Appeal.

After the consensus among the co-wives, a woman named Grace Wanjiru entered the case as an objector on June 29, 2009, claiming she was married to Kihika and had one child with him.

She sued Wambui, Mukuhi, Daniel Kungu and Wanjeri.

Former Chief Justice David Maraga, then handling the case as a High Court Judge, dismissed Grace’s application on October 13, 2009, for lacking merit.

In his judgement, Maraga issued the grant of letter of administration of Kihika’s estate to Wambui Mukuhi and Wanjeri, and declared them administrators of the estate.

The family added Warau as one of the administrators after signing a consent. Peris Njoki, one of Kihika’s daughters filed an application on June 6, 2011 against her step mothers over the Bahati Valley Academy.

According to her, the school had been painted and renamed Menengai Medical Training College by unknown people.

“I want to know who leased the school and where the income is going, because as a beneficiary, I am not aware,” she claimed.

Her application was dismissed on February 11, 2011 by Justice Roseline Wendoh.

The case dragged until April 21, 2011 when Mukuhi filed an application that the estate be distributed in each house according to the number of children.

Wambui has seven children, Mukuhi (11), Wanjiru (five) and Mary (four), Wanjeri (two), Nyambura (six), Warau (three) and Lucy (two).

“Each of my co-wives should get what she contributed from her marriage and not a shilling more of what was accumulated by other wives,” she applied.

Violation

The next issue was a violation report ordered by court. The family took some time to agree on the property to sell to raise money for valuation.

The widows’ war ended on June 28, 2013 and they agreed that the four be administrators.

On March 18, 2016 Chief Justice Martha Koome, then a High Court Judge directed the Sh181,586 claimed by Mary to be withdrawn from the Family Bank and used to pay the fees.

A man named Joseph Munene, filed an application on August 22, 2016, to be included in the case as an interested party claiming a property in Naivasha had been unlawfully listed as Kihika’s in the case.

On February 22, 2017 Justice Anthony Ndungu, ordered the land registrar in Naivasha to supply all documents in transaction of the parcel, including transfer documents. A new dispute then brewed between the widows and their children.