The High Court has dealt a blow to some of the widows and children of late politician Kihika Kimani, after declining to review its judgment on the partial distribution of his estate.
Judge Samwel Mohochi declined to review his judgment, delivered on March 14, 2025, in which he distributed part of Kihika’s Sh600 million estate, giving the majority share to Kihika’s first three of his eight widows.
“The application dated May 21, seeking review of the court’s judgment, is dismissed because it lacks merit,” ruled Mohochi.
The judge, however, granted Kihika’s remaining five widows and his children a 45-day leave to appeal his decision.
He insisted that even if the appeal is filed eight months after his verdict, it would not be considered as filed outside the time.
“The 45 days will serve as a stay of execution of his judgment. The application for leave is granted, and the applicants have the right to appeal,” he ruled.
Mohochi maintained that the verdict was partial because the entire estate had not been valued.
He urged the appointed valuation agency to undertake the valuation process and file a report as soon as possible.
“It is only after the valuation that the court will make a full determination in the succession case and order the estate to be distributed,” ruled Mohochi.
In the judgment, Kihika’s widows, Margaret Wambui, Alice Mukuhi, Jane Wanjiru, and their 23 children got a huge share of the estate.
The court ruled that Mary Wangari, Winnie Wanjeri, Charity Nyambura, Mirriam Warau, and Lucy Wangari had no proof why the estate should be divided equally among the eight of them.
Aggrieved, Erishifa Wanjiru, Wambui’s daughter, Mukuhi, and Muthoni, challenged the decision and sought review, saying they disagreed with the mode of distribution as directed by the court.
Daniel Kimani, a beneficiary of the estate, also challenged the distribution of a 3-acre land in Lanet, submitting that the land belonged to him and was not available for distribution.
“I purchased the land for Sh500,000, upon approvals by Mukuhi and Wanjiru on September 7, 2004, and the same is not available for distribution,” he stated.
Mohochi ordered the distribution of 109 acres in Muthengera Farm, Nyahururu, 153 acres in Roselyn Farm, Njoro, 57 acres in Shangilia Farm, 314 acres in Marmanet Farm, 314 acres in Laikipia, and properties in Engashura.
Although the five widows had proposed equal distribution, as per Section 40 of the Laws of Succession, Mohochi ruled that he considered the contributions of each of the widows.
The case will be mentioned on January 29, 2026.
