By James Mutua
The estate of former Nyeri Governor, the late James Nderitu Gachagua, has dismissed claims of disinheritance and misappropriation of assets, stating that all beneficiaries were catered for in full compliance with the deceased’s will.
In a public statement, the executors said the estate, valued at billions of shillings, was distributed to 23 beneficiaries after settling all liabilities. They noted that no beneficiary was disinherited, contrary to claims circulating in sections of the media.
The executors, among them former Deputy President Rigathi Gachagua, said they were compelled to respond due to what they described as misleading and prejudicial public discourse surrounding the administration of the estate since Gachagua’s death in 2017.
They indicated that while they had initially preferred to confine estate matters to court processes and engagements with beneficiaries, the spread of inaccurate information necessitated a public clarification.
According to the statement, issued through Musyimi and Company Advocates, the executors have maintained consistent engagement with beneficiaries throughout the administration process. This included support for dependants through school fees, maintenance and living expenses, as well as full accounting of estate income and expenditure.
Other executors include Senior Counsel Njoroge Regeru and quantity surveyor and advocate Mwai Mathenge.
The executors obtained a grant of probate from the High Court in July 2017, confirmed in March 2018, granting them authority to manage, settle debts and distribute the estate. Key properties were allocated strictly in line with the will, including residences in Lang’ata, Karen and Nyeri, as well as ancestral land distributed to designated beneficiaries, all of whom currently occupy their respective allocations.
The estate settled liabilities amounting to KSh1.07 billion owed to banks and other creditors through the sale of assets, including Kiangwachi and Queensgate. Additional assets, including Olive Gardens and Vipingo Beach Resort, were sold in 2023. A net surplus of over KSh648 million was subsequently distributed to beneficiaries in accordance with the will.
Gachagua’s will directed that most properties be sold, with proceeds used to settle debts before distribution to beneficiaries, including his mother, two wives and six children. It also stipulated that any beneficiary contesting the will would forfeit their entitlement.
The executors reiterated that all specific bequests and cash distributions were executed as directed, adding that they are unaware of any instances of disinheritance or legal challenges to the will.
They further stated that all beneficiaries signed consent to the confirmation of grant filed in court, and that in cases where issues were raised, the High Court upheld the executors’ management of the estate.
On asset sales, the executors said beneficiaries were fully involved in identifying buyers between 2018 and 2020. During the COVID-19 period, Villa Care was appointed from five potential agents to accelerate marketing efforts. Four private treaty sales were concluded with beneficiary approval, contributing to the overall settlement of liabilities and distribution of proceeds.
They added that beneficiaries also benefited from cost savings amounting to KSh53 million due to efficient administration, alongside KSh92 million disbursed for maintenance and related support during the process.
Cash distributions ranged from one percent to ten percent per beneficiary, in line with the will. Additionally, assets including 70 apartments in Nairobi valued at KSh696 million and land parcels in Lusoi, Nyeri, were transferred based on agreements among beneficiaries.
The executors affirmed their continued commitment to fulfilling their fiduciary duties and stated that final estate accounts will be submitted to the High Court upon completion of the administration process.
They maintained that the estate has been managed lawfully and in strict adherence to the wishes of the deceased.
