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The Nairobian

Mbiyu Koinange kin to share Sh30b estate after four decades legal battle

National

By Nancy Gitonga | Jul 11, 2024

Former Cabinet Minister Mbiyu Koinange's Childen George Kihara Koinange (centre) and Lena Koinange (second right) with other family members Nancy Waigango (left), Angela Wambui a Granddaughter (second left) and Sussan Kihara (r) leave Milimani court. [Collins Kweyu, Standard]

The widows and children of former powerful Cabinet minister Mbiyu Koinange can now share his Sh30 billion estate after four decades of legal battle.

This is after the Court of Appeal in a recent ruling dismissed an appeal by Koinange’s eldest son David Njunu challenging the High Court decision that okayed the distribution of the estate by the family.

"The applicant (Njunu) herein has not shown that he obtained leave to file an appeal to this Court," Justice Abdi Ali Aroni ruled.

While dismissing the appeal, the appellate Judge faulted Njunu for delaying filing his appeal four years after the High Court decision.

"I find that the applicant has not sufficiently explained the delay in preferring his appeal. No letters were annexed to show the effort undertaken in obtaining proceedings in the four years; a four-year wait is certainly long," the Judge said.

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Njunu appealed the High Court decision on May 7, 2020, that allowed the distribution of the late tycoon's estate to 12 beneficiaries.

In its decision, the High Court had directed Koinange’s son Njunu who is the administrator of the first house of the estate of the former powerful politician to sign all the relevant papers to ensure that the estate is finally shared between the beneficiaries.

In his appeal, Njunu stated that he was aggrieved by the court decision and sought to be awarded a larger share of inheritance in a row that has dragged on for 42 years.

"The High Court should have awarded me more than the rest of the beneficiaries as I am was the firstborn child," Njunu sought.

But Koinage's third wife Margaret Njeri Mbiyu a co-administrator of the estate and Lennah Wanjiku Koinange, co-administrator representing the second family urged the Court of Appeal to dismiss the appeal by their step brother Njuno saying it was filed out of time.

"The matter has been in court for 39 years without a final resolution the application is aimed at further delaying the distribution of the estate and or conclusion of the matter since the High Court judgment was delivered on May 7, 2020," Wanjiku in told the appellant court.

She said that the judgment by the superior court was balanced and fair since it catered for all beneficiaries and interests of the creditors.

"Njuno has been frustrating the distribution of the estate necessitating the issuance of orders compelling him to execute documents and failure to which the Deputy Registrar had indicated will execute the same," Wanjiku stated.

The property the family is expected to share includes 640.25 acres of Closeburn Estate.

Those to benefit from the estate are the children of Koinange’s first wife Loise Njeri Mbiyu, second wife Rith Damaris Wambui Mbiyu who have since passed on, and third and fourth wives Margaret Njeri Mbiyu and Eddah Wanjiru Mbiyu since they did not have children.

Koinange who hailed from Kiambu died on September 3, 1981, leaving a rich academic and political history.

He served as a Cabinet minister in the governments of President Mzee Jomo Kenyatta and his successor Daniel Arap Moi.

The patriarch was polygamous, a wealthy man who died without a will. His estate was estimated to be worth Sh30 billion.

Following his death, a decades-long succession case has been in court.