Setback for late MP's Sh1 billion estate as judge quits case

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The family of the late nominated Member of Parliament (MP) Phillip Kamau has suffered another setback after the trial judge recused herself from his succession case.

Kamau's estate, together with his late wife Alice Kahaki, estimated at Sh1 billion, is the subject of a dispute between their daughter and his three surviving widows.

On Monday, the trial judge, Patricia Gichohi, withdrew from handling the case, citing a lack of respect from lawyers in court.

"This court directs that this file be immediately placed before the Presiding Judge for re-allocation," ruled Ms Gichohi.

The judge will no longer handle three files related to the succession case: Succession 16 of 1984 (Kahaki's estate), Succession 497 of 2013 (Kamau’s estate) and Miscellaneous 33 of 2016.

The recusal followed a heated exchange among the parties' lawyers over how the case, which had been pending since last year, would proceed.

The judge noted that in August 2024, Kamau's daughter, Elizabeth Wanjiku, applied to have the administrators of the estate substituted.

Wanjiku wanted her brother, Joseph Njuguna, and her stepmothers, Teresia Njeri, Margaret Damat, and Lucy Wanjiru, to be removed as the estate administrators.

She accused them of failing in their duties as estate administrators.

The four have been the administrators of the estate since September 29, 2023.

"The court should revoke the grant of letters of administration issued to my brothers and stepmothers," read her application.

Owing to the application, the judge noted that mid last year she gave directions that Njuguna, Njeri, Damat and Wanjiru should respond to it.

However, over a year later, the directions had not been implemented.

Further, on Tuesday, the judge watched as lawyers exchanged harsh words in a disrespectful manner over which application should proceed before her.

She said she had no option but to recuse herself from the case.

Her decision came as a surprise to the parties, who had to apologise for misbehaving in court, but it was too late.

The setback was not the first; last year, a mediation planned to settle the estate dispute outside the court collapsed.

The mediation had been authorised by Judge Gichohi, but Wanjiku said the same, insisting that she was not involved in the planned negotiations.

"I had not given consent for the mediation to proceed. I found out the meetings had been planned to negotiate outside court without my knowledge," she deposed.

Wanjiku submitted that she did not attend the meeting and urged the court to allow the case to proceed.

Moreover, two years ago, former trial Judge Samwel Mohochi also recused himself from handling the case.

Mohochi said the recusal was necessary to ensure justice was served to Kamau, his deceased wife and other widows and their children and grandchildren.

Mohochi believed he was caught in a dilemma because all the parties in the three files had challenged his integrity and competency in the cases he took over in 2023.

“Opposing parties have proposed that I recuse myself, with one party filing an application while the other proposing that I recuse myself of my own volition,” noted Mohochi.

The judge, however, ruled that he was competent to hear all the cases.

Kamau died on May 12, 2012, while Kahaki died in 1983.

Kamau's will gave the majority of his estate to his widows and son.

The property includes the famous Pinkam House and Molo House in Nakuru City, a slaughterhouse, a funeral home, prime plots, residential homes, shops, land, enterprises, motor vehicles, and bank savings.

Other assets are shares in Mwariki Farm Limited, Kiamunyi Farm Limited, Embakasi Ranching Limited and Mangu Enterprise Limited.

The case will be mentioned on October 27 for further directions.

dchege@standardmedia.co.ke