Kibaki estate dispute: Mary Wambui at the heart of inheritance row

By Newsflash Writer

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

The High Court is examining who the rightful heirs are and assessing the actual value of the former Head of State’s estate.

Fresh court filings suggest that Wambui’s personal ties to Kibaki, his health prior to his death in April 2022, and details of his medical care are likely to feature prominently in the proceedings.

The succession case pits Kibaki’s immediate family—led by his daughter Judith Wanjiku Kibaki—against two claimants, Jacob Ocholla and a woman identified as JNL, who allege they are Kibaki’s biological children and are seeking to be recognized as beneficiaries.

Wambui’s role under scrutiny

Mr. Ocholla and Ms. JNL have filed an application with the Family Division of the High Court in Nairobi, requesting that Wambui be summoned to appear in court. Their legal team argues that her testimony could be critical in substantiating their claims, as she was not only closely associated with Kibaki but may also hold documents or information that can affirm their relationship with the late president.

They are asking that Wambui be compelled “to give evidence and/or produce documents in respect of her marriage to Kibaki under customary law and her rights in this succession cause.”

Others who may be called to the stand include Ms. Winnie Wangui Mwai, along with the CEOs of Karen Hospital, Nairobi Hospital, and Lancet Kenya. Also listed are lawyer Philip Coulson, Angela Wanjira Mbuthia, Anne Njeri Maina, David Wanjala, and Otieno Clifford Richard.

Hospital executives may be questioned regarding Kibaki’s treatment leading up to his passing on April 22, 2022. Lancet Kenya’s CEO could specifically be asked to address the results of a DNA test reportedly conducted between Ms. JNL and one of Kibaki’s acknowledged children, which remains undisclosed due to what lawyers say is a lack of cooperation from the estate’s administrators.

Disputed will

The objectors are also seeking testimony from Ms. Wangui about her relationship with the late president. Additionally, witness summons have been requested for Kibaki’s children—Wanjiku, Jimmy Kibaki, David Kagai, and Anthony Andrew Githinji—to appear for cross-examination.

President Kibaki passed away at Nairobi Hospital. His Will, dated December 23, 2016, named his four children as executors but did not specify particular assets. Instead, it broadly directed that his money be shared equally among the children, and some unspecified properties be distributed based on a separate memorandum to the executors.

In her application for probate, Ms. Wanjiku listed seven land parcels in Nyeri and Othaya worth an estimated Sh50 million and stated that her father had no outstanding debts. However, this valuation is being challenged by Ms. JNL, who argues that the estate was significantly undervalued.

According to her affidavit, Ms. JNL began looking into Kibaki’s finances after being excluded from the Will. She claims to have unearthed Kibaki’s links to numerous companies where he held shares or directorships. These include International House Limited, Pinpoint Investments Limited, Farmlands Company Limited, Kentrout (1972) Limited, Gingalili (1968) Limited, Lucia and Company Limited, and Roirie Investment Company Limited.

Kibaki’s estate holding structure questioned

The Will further instructs that after settling debts and expenses, the rest of the estate be transferred to a holding company in which Kibaki’s children and the former president himself would be shareholders.

This clause has also raised questions among the claimants. They argue that a holding structure could obscure the true value and nature of the estate’s assets. Ms. JNL believes that this mechanism might have been used to shield certain properties or shares from scrutiny.

The succession case is scheduled to be heard on June 26, 2026, with all parties preparing for what is expected to be a high-profile legal battle over the legacy and estate of one of Kenya’s most respected statesmen.