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Mary Wambui among 14 set to testify in Kibaki estate succession case

Mary Wambui among 14 set to testify in Kibaki estate succession case
Former Othaya MP Mary Wambui. PHOTO/Handout
In Summary

According to fresh court filings, the objectors want Wambui to give evidence and produce documents regarding her alleged marriage to Kibaki under customary law and her role in the succession case.

Former Othaya MP Mary Wambui is among 14 individuals who could be summoned to testify in a succession case involving the estate of former President Mwai Kibaki.

This comes as the High Court investigates claims by two individuals—Jacob Ocholla and a woman identified as JNL—who say they are Kibaki’s children and are seeking legal recognition and inclusion in the distribution of his wealth, which they allege has been undervalued and wrongly allocated.

According to fresh court filings, the objectors want Wambui to give evidence and produce documents regarding her alleged marriage to Kibaki under customary law and her role in the succession case.

They argue that her testimony and cross-examination could support their claim, as they were not listed in Kibaki’s Will.

The filings also show that Wambui’s relationship with Kibaki, his health condition, and medical treatment before his death in April 2022 are expected to be key points in the hearings.

The two have filed an application before the Family Division of the High Court in Nairobi seeking to summon Wambui and other individuals, including Winnie Wangui Mwai and the chief executives of Karen Hospital, Nairobi Hospital, and Lancet Kenya.

The objectors also want the hospital CEOs to be questioned on the treatment Kibaki received until his death, while the CEO of Lancet may be asked about a DNA test involving JNL and one of Kibaki’s children.

Lawyer Philip Murgor says the test results are still being withheld due to lack of cooperation by the petitioner.

Wangui is also expected to testify or provide documents regarding her relationship with Kibaki.

In addition, the objectors are seeking to have Kibaki’s children—Judith Wanjiku, Jimmy Kibaki, David Kagai, and Anthony Andrew Githinji—appear in court for cross-examination.

Kibaki’s Will, dated December 23, 2016, named his children as executors and outlined how the estate would be shared, without listing specific properties.

In her petition for the grant of probate, Wanjiku listed seven parcels of land in Othaya and Nyeri valued at about Sh50 million and stated that Kibaki had no known debts.

However, JNL has disputed this valuation, saying the estate was grossly underreported.

JNL says she began looking into Kibaki’s wealth after being left out of the Will and found that he held shareholding and directorships in several companies, including International House Limited, Pinpoint Investments Limited, Farmlands Company Limited, Kentrout (1972) Limited, Gingalili (1968) Limited, Lucia and Company Limited, and Roirie Investment Company Limited.

The Will also directed that after payment of debts and expenses, the rest of the estate be transferred to a holding company where Kibaki and his children would be shareholders.

The hearing is set to begin on June 26, 2026.

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