Njenga Karume heirs now want estate’s trustees jailed for court contempt

The battle for control of billionaire Njenga Karume’s estate intensified with a fresh application by his children seeking the jailing of the trustees he named for alleged contempt of court.

Mr Karume’s three children, who are battling to take control of the estates wants the trustees, George Ngugi, Kung’u Gatabaki, Margaret Nduta and Killian Lugwe committed to civil jail over claims that they authorised the demolition of Pizza Garden despite a court order stopping any dealings in the property.

“The trustees started demolition of the main structure in clear breach of the orders. Their actions expose the court to ridicule given that proper service of the orders was effected,” said lawyer Peter Munge.

Lucy Wanjiru Karume, Samuel Wanjema Karume and Albert Kigera Karume’s latest application caused confusion in the scheduled hearing of the dispute, as they insisted that the contempt case must be heard before the trustees’ application seeking to set aside the anti-demolition orders.

The orders barred the respondents from selling or transferring properties owned by the late politician and interference with operation of Pizza Garden. But the trustees through senior counsel George Oraro denied violating the court orders and insisted that their application to set aside the orders has to be heard first.

“The allegations are false given that there was no demolition as communicated to them in writing. The application on the face of it is against Jacaranda Hotels Limited, the company which owns Pizza Garden and which one of the complainants, Albert Kigera, is a director which shows it is in bad faith and intended to scuttle the scheduled hearing of our application,” said Mr Oraro.

The three children are battling Mr Karume’s trustees for control of assets he left behind at time of his death.

The three claim that the trustees are mismanaging the late politician’s property and want to be given control of the vast business empire.

READ: Trustees of Karume empire fight removal from estate

The trustees however contend that the children want to defy their father’s will, and that the businesses’ financial misfortunes begun prior to Mr Karume’s death. They further hold that they are renovating Pizza Garden and not demolishing it, contrary to the children’s claims. The renovations were part of Mr Karume’s plans, the trustees hold.

Derail hearing

Mr Oraro said that the trustees’ application questioning the court’s jurisdiction to handle the dispute superseded the contempt case and should therefore be determined first.

Lawyer Waweru Gatonye, representing the Njenga Karume Trust also opposed the application for contempt, arguing that they were mere allegations that should not derail the hearing of the main dispute.

Mr Karume’s eldest daughter, Dr Francesca Wanjiku Kahiu also differed with her brothers and sister, accusing them of filing multiple cases to stop other siblings from enjoying the benefits of their father’s properties.

“Schools are now reopening and there is a real risk that innocent beneficiaries will not be able to access school fees because of the orders obtained by the plaintiffs stopping the Njenga Karume Trust from meeting its obligations,” said lawyer Kamau Karori.

According to Mr Kamau, there was no justification for the three siblings to wait until the last minute to file the contempt case when they knew the dispute over management of the properties had been fixed for hearing.

He complained that the effect of the multiple applications is to prevent beneficiaries who are not involved in the purported disputes from accessing the benefits left to them by Mr Karume. His other beneficiaries, Jane Mukuhi and Teresia Njeri however supported the application for contempt saying the orders which were allegedly disregarded were the core of their dispute.

“We cannot ignore the new developments and proceed to hear their objections when there are questions touching on the integrity of the court. Nothing should proceed until the issue of contempt is settled,” said their lawyer Cecil Miller.

Justice Alfred Mabeya will Wednesday rule on whether to allow the contempt proceedings or hear the application to set aside the orders.