The Nairobi Family Court has ordered the distribution of the Sh30 billion estate of former powerful politician Peter Mbiyu Koinange, bringing an end to a 42-year-old legal battle that has pitted his kin against each other.
Justice Eric Ogola dismissed an application to review the distribution formula and directed Koinange’s son, David Njuno, to sign all the necessary papers to facilitate the sharing of the estate among the beneficiaries.
The estate has been embroiled in a bitter and protracted dispute since Koinange’s death in 1981, with numerous applications and consent orders filed but little progress made towards resolving the matter.
A total of 17 applications had been filed, including one by Njuno arguing for a larger share as the firstborn son, and another by his brother George Kihara seeking his removal as an administrator.
Justice Ogola noted that he was the 26th judge to handle the case, with nearly all judges in the High Court and Court of Appeal having dealt with it at some point. Chief Justice Martha Koome, who heard the case as a High Court judge in 2005, even described the ongoing legal battle as a “theatre of the absurd.”
In his latest ruling, Justice Ogola ordered the opening of a joint account to receive funds held by the Unclaimed Financial Asset Authority and directed that the money be used to offset the estate’s liabilities. He also ordered the filing of a surveyor’s report on Closeburn Estate and granted any aggrieved party the right to appeal to the Court of Appeal.
While this verdict marks a significant step towards finally resolving the Koinange family feud, it remains to be seen whether the distribution process will proceed smoothly or encounter further challenges.
