Widow's Sh100m estate yet to be distributed following controversy

Two years after being appointed the administrator of missing Belgian Dysseleer Mireille’s estate, the Public Trustee is unable to administer the estate worth over Sh100 million.

Senior State Counsel Winnie Cheruiyot submitted before Judge Patricia Gichohi that the Public Trustee was unable to list the mode of distribution of the estate.

According to Ms Cheruiyot, the trustee does not know the beneficiaries after the executor of the estate lawyer Hari Gakinya failed to surrender assets and the estate’s documents.

“The Public Trustee is unaware of the status of the estate and is not sure how to manage it,” said Cheruiyot.

Cheruiyot said that on February 5, she wrote to the Executive Officer Nakuru Law Courts, seeking copies of letters of administration and Mireille’s Will.

She also noted that the Will, which has seven listed beneficiaries, has been contested as a forgery, by detectives from the Serious Crime Unit, who have charged Gakinya with Mireille’s murder.

“The court should furnish the Public Trustee with copies of letters of administration with written Will annexed to enable the distribution process,” read the letter.

Following Cheruiyot’s admittance, Justice Gichohi pointed out the confusion between the Public Trustee and the executor on the status of the estate.

Justice Matheka appointed the Public Trustee as administrator on April 21, 2022.

Matheka said the trustee will be in charge of the estate until Gakinya’s murder case before Milimani High Court is concluded.

“The executor (Gakinya) is directed to hand over the Will and any relevant estate documents,” ruled Matheka.

Despite Gakinya facing murder charges, Mireille’s body is yet to be found since she mysteriously disappeared after her last Facebook post on October 6, 2018.

He had been named the executor of the estate in Mireille’s will dated November 15, 2018.

However, Matheka revoked the grant issued to Gakinya on behalf of seven beneficiaries; Lucy Waithera, two students, John Lemarat, Ntalie Lenolkiok, Joseph Wanjohi (Mireille’s driver) and Daniel Moens.

The grant was revoked after the Attorney General claimed that Gakinya used forged documents to file the succession case on October 10, 2019.

Gakinya had claimed that Mireille died on July 15, 2019, at MP Shah Hospital.

However, the State Department of Civil Registration and MP Shah Hospital disowned Mireille’s death certificate in Gakinya’s possession.

Mireille’s assets include a townhouse, a shopping complex, properties in Belgium and bank accounts. The case will be mentioned on July 1.