News

Koinange estate advocate to hold documents over legal fees

ash

Ashford Muriuki Mugwuku. FILE PHOTO | NMG

The High Court has directed the administrators of the estate of former provincial commissioner Charles Karuga Koinange to pay advocate Ashford Muriuki Mugwuku his legal fees before they can agree on who should keep the securities and documents he is currently holding.

Justice Mbogholi Msagha also ruled that the advocate give an honest and open inventory of all securities and documents he holds on behalf of the estate of Mr Koinange, who died 15 years ago.

The documents include title deeds, share certificates, bank accounts, log books, allotment letters and leases.

In the event the administrators — Isabela Wanjiku Karanja, Samuel Karuga Kionange and Peter Mbiu Kionange — fail to pay the fees, Justice Msagha said Mr Mugwuku should retain the documents until he received his fees, the court ruled.

Mr Koinange, who died on February 20, 2004, acquired, in his lifetime, immense wealth in form of parcels of land spread over Nairobi, Embu, Thika, and Kiambaa in Kiambu County. He also had motor vehicles, stocks and shares in no less than 15 public and private limited companies.

In January 2015, Justice Luka Kimaru nullified a will Mr Koinange left behind, saying that the former administrator had Alzheimer's disease and therefore lacked the mental capacity to make an elaborate will running to nine pages on June 16, 1999.

The judge also ruled that Mr Koinange had no mental capacity in 1994 to transfer some contested shares to his eldest son, Dr Wilfred Karuga Koinange, who has since died.

Justice Kimaru said the transfer was a nullity and that the shares revert to the estate for distribution. It was then that the court settled on four members of the family as administrators of the estate pending distribution.

Ms Karanja filed the case seeking to compel Mr Mugwuku, who is demanding millions of shillings from the estate as legal fees, to deliver a fully itemised schedule of all land titles, allotment letters and any other documents in his possession.

In his judgment, Justice Msagha said it was not clear where she obtained the list of items she filed in court, although Mr Mugwuku did not deny the same.

The judge, however, wondered why Ms Karanja did not seek consent of other administrators of the estate. Peter had filed an affidavit, opposing the case.

Justice Msagha said securities held by an advocate demanding fees from his client cannot be wished away.

The court said Mr Mugwuku should present his fee note to the administrators after taxation. “If the bill has not been taxed, the same shall be taxed expeditiously, in any case within 30 days from the date of this judgment.

And if they are unable to pay the fees, Justice Msagha said the advocate shall retain them, until he is paid.