A judge has declined to disqualify herself from a Sh600 million succession dispute involving distribution and administration of the estate of former Nakuru North MP Dickson Kimani Kihika.
High Court Judge Rachel Ngetich dismissed claims by Elishifa Wanjiru, the former legislator's daughter, that she was biased in the court case that started in 2005.
A judge has declined to disqualify herself from a Sh600 million succession dispute involving distribution and administration of the estate of former Nakuru North MP Dickson Kimani Kihika.
High Court Judge Rachel Ngetich dismissed claims by Elishifa Wanjiru, the former legislator's daughter, that she was biased in the court case that started in 2005.
The court said Ms Wanjiru did not demonstrate the reason for the judge to disqualify herself from presiding over the dispute that pits widows against children of the former lawmaker.
Kihika died in 2004 leaving behind eight widows, 47 children, and property valued at Sh600 million.
Ms Wanjiru, daughter of the former MP’s first widow Margaret Wambui, wanted the judge to leave the case after delivering a ruling that was contrary to her wishes.
She was aggrieved by the decision of the judge to dismiss her request to be appointed to substitute her mother, Margaret Wambui Kihika, as joint administrator of the vast estate.
The court ruled against her wish and appointed her sister Florence Nduta Kihika to substitute their mother.
In its ruling, the court indicated that Ms Wanjiru is a resident in the USA and thus not in a position to efficiently administer the estate. In the alternative, the judge appointed Ms Nduta who is a resident in Kenya to substitute their mother.
Ms Wanjiru claimed that Ms Nduta has breached the fiduciary duties owed to the estate as she has sold most of the property. She added that Ms Nduta having occupied the largest share of the estate is frustrating the distribution of the property by enjoying the status quo and has ignored the court order requiring the sale of the Pagane plot, to enable a valuation of the remaining estate to ascertain the portion each family is to acquire.
Ms Wanjiru further submitted that the first house has the longest history in the family which the administrator will need to consider before distributing the estate.
She argued that Justice Ngetich did not have the powers to appoint Ms Nduta as an administrator to substitute their mother.
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