Regarding the will of the late Mwai Kibaki, Kenya’s third president, which is being contested in court, new information has come to light.
Kibaki, who signed the will in December 2016, left his entire assets to his children and specifically disallowed any of their wives from receiving anything from it without disclosing the amount of his wealth.
He stipulated that each of his four children get an equal share of the estate, which would be run by a holding company.
The benefits cover all of his personal belongings as well as any assets, money in the bank, certain sums of money, or specified assets.
“Following my death then any direct blood descendants of theirs (but not any spouse or life partner) shall receive their parent’s benefit if more than one in equal shares,” reads the will in part.
The four children are Judy Wanjiku, Jimmy Kibaki, David Kagai and Anthony Githinji.
In August 2022, the estate published a Gazette notice seeking any individuals to challenge the will and it attracted two conestors including JNL and Jacob Ocholla.
In court papers, Ocholla, 62, argues that he is the first born child of the late former President and wants an equal share of the property.
He argued that Kibaki had, initially, acknowledged him as being his biological offspring.
“That the Citor (Ocholla Mwai) has attempted to reach out to the Citees (Kibaki Children) multiple times but his efforts have not been successful.
“The Citor is afraid that the Citees might proceed with the succession process without involving him and he might be left out of the estate of the deceased despite him being entitled to the share of the estate,” a suit filed on his behalf reads.
Another individual code-named JNL also filed a suit claiming that she is Kibaki’s daughter sired in 1961 when the late Head of State cohabited with her mother in the UK.
“The applicant being a daughter and beneficiary in the estate is very apprehensive that she stands to have all her inheritance rights under the constitution infringed upon unless she is supplied with all the relevant pleadings and supporting documents,” she explained in court papers.
Kibaki passed away in April 2022 aged 90 years.
