Former President the late Mwai Kibaki.
The wealth of former President Mwai Kibaki is under scrutiny in court proceedings pitting his four children against two other people who want to be recognised as rightful heirs.
His family, led by Judith Wanjiku, have filed documents indicating that Kibaki left assets worth Sh50 million, but one of the objectors, codenamed JNL, has filed papers listing various assets suggesting he was a billionaire.
Kibaki died on April 22, 2022, aged 90 years, leaving a Will dated December 23, 2016, outlining his wishes on distribution of his estate to his heirs.
Ms JNL says that she discovered that Kibaki co-owned at least six trading and investment companies with other people, including Kenneth Matiba, Chris Kirubi, Joseph Gethenji and Charles Mwangi Gathuri.
Value of Kibaki’s wealth
Her documents show that Kibaki owned Farmlands Ltd alongside seven other shareholders including former Tetu MP Gethenji. Another investment vehicle co-owned by Kibaki was Kentrout, where he held one ordinary share and one of the prominent shareholders was Tatu Traders Limited, owned by the late Gathuri.
Alleging that the petitioners were economical with the truth, Ms JNL says she discovered that Kibaki also co-owned International House with the late Kirubi and others. He held majority shares in International House Ltd.
Judy Kibaki, daughter to the late former President Mwai Kibaki, makes her remarks during the second Mwai Kibaki Memorial Lecture and Luncheon in Nairobi on April 11, 2025.
Ms JNL, together with another objector, Jacob Ocholla, opposed issuance of a grant to Ms Wanjiku for execution of Kibaki’s Will and distribution of the estate.
“I moved to court because I had been left out of the will and the fact that the petitioners (Wanjiku, James Mark Kibaki, David Kagai and Anthony Andrew Githinji) misrepresented the true value/estimate of the estate of my late father,” she says, alleging “blatant secrecies, inconsistencies and misrepresentation.”
While petitioning for grant of probate, Ms Wanjiku indicated that Kibaki’s known assets comprised seven land parcels in Othaya and Nyeri with an estimated value of Sh50 million.
The value of Kibaki’s wealth has over the years remained a mystery because in the Will, which is part of the court filings, he did not list specific properties. He had named his four children as executors of the Will.
In the Will, without giving details, he bequeathed his cash in his sole bank account to his children equally. Additionally, he had directed that upon payment of debts and expenses the assets be transferred to a holding company in which he and his children “shall be the shareholders.”
However, Ms JNL says that after filing her objection against making of the grant to Ms Wanjiku and the other children, she embarked on probing Kibaki’s wealth and discovered that he was a director and shareholder in various blue chip companies.
For instance, Ms JNL says Kibaki personally owned 20,033 ordinary shares out of the total 100,000 shares in International House Ltd. Roirie Investment Company Ltd, which was owned by Kibaki, holds 27,000 shares .
“This was not disclosed to the court by the petitioners despite the fact that David Kagai Kibaki is aware and is listed as a director of the said company,” says JNL in the papers filed by her advocate Phillip Murgor.
True value of the estate
At Lucia and Company Ltd, the CR12 document obtained by Ms JNL shows that Kibaki had 69 ordinary shares out of 100. She says Ms Wanjiku and Mr Kagai are listed as directors of the said company.
Further probing unearthed an entity called Gingalili (1968) Ltd where the former President was a director and shareholder with 510 shares out of 1,880 shares.
“Full facts of Gingalili (1968) Limited were not disclosed to the court by the petitioners, despite Mr Githinji, Ms Wanjiku and Mr James Mark Kibaki being listed as directors/shareholders of the said company,” says Ms JNL.
The affidavit says she also identified an entity called Pinpoint Investments Ltd, where Kibaki held 499 ordinary shares out of 500. She says Ms Wanjiku is listed as director/shareholder with one ordinary share.
Based on the discoveries, she wants the court to order the four children to state the true net assets and value of the estate.
“The petitioners have started intermeddling with the movable and immovable assets of Kibaki even before the court issues them with grant of probate. It is therefore in the interest of justice that the petitioners be compelled to render a truthful account and audit of all the assets of the estate pending conclusion of this cause,” says Ms JNL.
“I am apprehensive that unless the court orders the petitioners to provide the accurate estate inventory, then I stand to have all my rights under the Constitution and the Law of Succession adversely undermined,” she adds.
