Court Concludes Succession Case of Late Head of Public Service Fares Kuindwa

By The Coast Reporter

Email, thecoastnewspaper@gmail.com

A succession case involving members of the family of the late Permanent Secretary in the Office of the President and Head of Public Service Fares Michael Kuindwa has been concluded after 16 years in court.

Fares Michael Kuindwa served in the administration of the late President Daniel Arap Moi and died on March 11, 2003, at a hospital in Nairobi, having left no Will.

The Public Trustee listed the estate of the deceased and its liabilities at over Sh100.4 million in net value.

Justice Gregory Mutai of the High Court in Mombasa ruled that the deceased was survived by two wives, Eunice (who later died) and Ms Drusilla and ten children.

The judge ordered that the first house (of the late Eunice) which has seven beneficiaries was entitled to 7/12 of the estate while the second house (Drusilla’s) which has five beneficiaries was entitled to a 5/12.

Justice Mutai also ruled that the first house shall have a house in Nyali estate, whose value was given at Sh85 million, in common, in equal and undivided shares absolutely.

The court further ordered that the second house shall take the English Point property, valued at Sh60 million, in common, in equal and undivided shares absolutely

“The first house shall pay the second house Sh416,667 being the excess share of the value of the Nyali house over the English Point property. I decline to order that any rent collected on Nyali house by the first house be accounted for and share given to the second house as it would be oppressive to do so,” ruled Justice Mutai.

Properties in Tana River including deceased share in parcel of land in Kurawa Ranch, Kipini Ex-prison farm, land in Kurawa, Kipini plot, residential house and agricultural plot in Tarasaa were ordered to be distributed to beneficiaries within six months.

The court also ordered that a parcel of land in Bamburi shall be divided equally once the title is discharged and is free from all encumbrances or compensation is made in respect of it.

“The deceased died almost 23 years ago, this matter has been in court for almost 16 years, in my view it should be concluded without further delay, I order and direct the Public Trustee to transmit the properties I have referred, to the beneficiaries within six months,” ruled Justice Mutai.

The judge further ordered the Public Trustee to ascertain what amount is payable to the East African Development Bank in respect to the Bamburi property and endeavour to settle it.

He added that if settlement is not feasible, the property with the chargee’s permission be sold and net proceeds shared in the ratio prescribed by court.

In its submissions to court, the first family (house) said it was their wish for the Public Trustee to take charge of the distribution process for the properties in Tana River to be distributed to them to the exclusion of the second family and other assets be distributed in a manner proposed in affidavits.

According to the second family(house) submissions, the first family had been receiving some proceeds from the deceased’s estate without consent and approval of the Public Trustee and itself and that the monthly rent collected had not been shared with it and should be considered.