Gachagua's family speaks over the former governor's will

The push and pull between the family of the late former Nyeri governor Nderitu Gachagua and his brother former Deputy President Rigathi has roped in the larger family who read politics in the matter. Whereas President William Ruto has vowed to help Nderitu's widow and children strip Rigathi of the properties he inherited from his brother, the larger family says the will ought to be respected.

The family of the late Nahashon Gachagua, the father of the late Nderitu and Rigathi, have dismissed claims that Nderitu’s will was forged, maintaining that it was prepared by the former governor’s lawyers several months before his hospitalisation in London, where he later passed on on February 24, 2017.

The family, yesterday, through its spokesperson Kibaara Gachagua and the advocates of Nderitu’s estate, Musyimi and Company Advocates, contended that the will was executed by the deceased on February 17, 2017, a week before his death, expressing his intentions regarding the administration and distribution of his estate.

While responding to claims of forgery and disinheritance by Nderitu’s first wife Margret Nyokabi and her children Susan Kirigo, Mercy Wanjira, Jason Kariuki and Ken Rigathi, Kibaara confirmed that Nderitu amended the will in a bid to accommodate his second wife Margret Waithiegeni so that she could acquire their matrimonial property in Nyeri, denying claims that the amendment favoured Rigathi as alleged by the complainants.

“The Deceased inserted a new Paragraph 5 which stated as follows: ‘My house developed in Nyeri/Municipality Block 1/26 to my wife Margret Waithiegeni’;

“Other features written in pen included the specific names of the beneficiaries, number of assets such as the Kiangwaci farm, the name of the law firm holding the deceased’s money in an account at Chase Bank, and the motor vehicle registration numbers, which directed how they would be distributed to the beneficiaries.

“The said details were inserted by the Deceased in his own hand and he countersigned against each insertion. He also initialled at the bottom of each page of the will. The finalised will was then executed by the Deceased and duly attested in accordance with the law,” a statement from the advocates of the estate read in part.

According to the statement, which is also advertised in today’s dailies, the complainants, who are alleged to have been disinherited, received various properties, cash, vehicles, and have continued to draw rent from properties owned by the late governor.

“In the will, the Deceased specifically bequeathed five properties as follows: one house (Lang’ata/Karen) was bequeathed to the Deceased’s first wife Margret Nyokabi, to hold in trust for the family. Margret Nyokabi has been in occupation of this house since it was built, and the executors signed off all relevant transfer instruments to her to comply with the instructions under the will.

The statement added: “Two houses (in Karen and Nyeri) were bequeathed to the Deceased’s second wife Margret Waithiegeni, and she had been in occupation of these properties at the time of the Deceased’s death, and the titles of the two houses were transferred to her as stipulated under the will.”

The estate managers said an ancestral home, which has four acres with a house, was bequeathed to the deceased’s two eldest sons — Kenneth Gachagua and Jason Kariuki — in equal shares, and that the two had taken possession of the property in 2022, while Rigathi had been bequeathed shares in the deceased’s Mweiga home.

“Except for the properties listed above, all the other properties of the Deceased were to be sold and the proceeds used firstly to settle the substantial debts, which amounted to Sh1 billion, and other liabilities then outstanding.

“The net surplus was to be distributed to the named beneficiaries as follows: 62 per cent to the immediate family (mother, two wives, six children); 11 per cent for administrative costs and other liabilities due to third parties; 22 per cent to fourteen (14) other beneficiaries, including siblings and step-siblings; and a token 5 per cent for the three executors (approximately 1.67 per cent each).

The will also directed that “if any of the listed beneficiaries raises any challenge to the stated mode of distribution, he or she shall be disqualified automatically from inheriting any part of my estate.”

“I find it dishonest for the widow and her children to raise doubts about the will when they received all the benefits and after participating in every meeting and court proceedings which gave the executors a green light to distribute the proceeds,” Kibaara added.

On allegations of undervaluing properties such as Olive Gardens, Queens Gate and Vipingo Beach, the estate managers maintained that between 2018 and 2020, the executors worked collaboratively with the beneficiaries to find buyers for the assets that were on sale, and that numerous estate agents were engaged but it was not possible to close sales, with beneficiaries fully informed.

“In 2020, during Covid-19, the executors identified Messrs Villa Care out of five potential agents for the purposes of aggressive marketing. The aggressive marketing included media advertising and on-site adverts. Additionally, the executors arranged with a bank for adverts to be placed in its banking halls.

“At the conclusion of this aggressive marketing (August 2021), the results showed that Olive Gardens, whose reserve price was Sh325 million, attracted Sh240 million; Queens Gate, whose reserve prices were Sh470 million and Sh380 million, and Vipingo Beach Resort, whose reserve price was Sh170 million, did not attract any offer.

“This, according to the statement, forced the executors to engage in private treaty sales that yielded the following results: Olive Gardens (Sh325 million) yielded Sh412 million; Queens Gate (Sh470 million) attracted Sh590 million; while Vipingo Beach Resort (Sh170 million) attracted Sh250 million, totalling Sh1.6 billion.

The statement further explained that for the immovable asset (land and buildings) known as Lang’ata View Apartments, which was not sold, the beneficiaries, who now enjoy full ownership rights in relation to their respective properties, approved a distribution of the said assets to each of them in lieu of sale.

According to the will, which The Standard is in possession of, the two wives Nyokabi and Waithiegeni were to get 5 per cent each of Nderitu’s property, while the six children — four from the first wife and two from outside the marriage — were to get 10 per cent each.

Other family members who benefited from the will included their mother, brothers and children, and the three executors.

Jason and Kenneth, together with their two sisters Kirigo and Wanjira, got the lion’s share of the estate. At 10 per cent each, they inherited more than their mothers, who got 5 per cent each.

Nderitu is also said to have left his mother Martha Kirigo with a 5 per cent stake, to be held in trust by his elder brother Rigathi.

Rigathi was to inherit an equal stake with his mother and was closely followed by his other brother Jackson Ririani, who got 4 per cent.

To his son born by Mukami, Nderitu allegedly bequeathed 5 per cent, while Wanjiru’s son got 3 per cent.

The document also indicates that he extended benefits to his late brother Dr Fred Wachira’s three children, allocating them 4 per cent of the estate’s income.

The will showed he had a close relationship and trust with Rigathi, as he also left his brother’s children under his care.

Rigathi’s wife Dorcas, got at least 2 per cent.

His sisters — Lilian Wangu, Linda Muthoni and Eunice Nyangari — got 1 per cent each, while his sister Dr Jennifer Gacheke also received a 1 per cent stake.

Nderitu also directed that his step-brothers and sisters — James Ririani, Johnson Kibaara, Peterson Wachira, Leah Wangari and Josephine Wangari — would share 3 per cent of his estate.

The Gachagua family made the revelation on how much the beneficiaries received after Nderitu’s widow wrote to the President seeking assistance in probing what her family termed as interference and forgery of the will.

The letter alleged that Nderitu could not have written or signed any legal document at the time he was dying.

“Leveraging on his extensive political connections and influence, this relative to the deceased has blatantly defrauded and misappropriated funds meant for our welfare and sustenance, while simultaneously denying us access to properties and resources that form part of our lawful inheritance. As a result of this interference, numerous critical matters relating to the estate of the late Hon. James Nderitu Rigathi remain unresolved, leaving our family in prolonged agony, uncertainty and financial distress,” the letter, written to President Ruto through the Attorney General, reads in part.

The letter comes amid an escalation of political tensions between the President and Gachagua.