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JJ Kamotho’s Widow to sell house to cater for upkeep

JJ Kamotho’s Widow to sell house to cater for upkeep

Former
cabinet minister and Kanu bigwig John Joseph Kamotho’s widow has got court
permission to sell his Sh82 million Nairobi home to pay for her upkeep and
medical expenses while a family dispute over ownership of his riches is
resolved.

However,
Justice Aggrey Muchelule mandated that half of the sale earnings go to the
widow, Ms. Eunice Wambui, while the other half is split equally among the late
politician’s four children.

Justice
Muchelule stated, “These clauses shall be taken into consideration when
distributing the remainder of JJ Kamotho’s inheritance.”

The
widow testified in court that the intended use of the proceeds from the sale of
the contested property, known as Town House No. 7 Jadenville Country Homes, was
to pay her employees, maintain herself, pay security and utility bills, and
purchase a specialized vehicle that would cost about Sh2,680,000.

Ms.
Wambui claimed she needs the vehicle since she hasn’t worked in ten years and
is unwell and confined to a wheelchair.

Two
of the children objected and asked the widow to account to the beneficiaries,
but Family Court Judge Muchelule rejected their request. They claimed the
estate was being interfered with.

The
widow started selling the contested property before the grant for estate
management was officially granted, the court further found.

The
judge claimed that she went to court after starting the transaction rather than
requesting permission from the court before doing so.

Mr.
Kamotho, who passed away in 2014, and the widow are listed as the property’s
tenants in common in equal parts.

“Be
it as it may, I consider that the widow was married to Kamotho for many years.
This can be evidenced by the fact that the children were between 48 and 37
years of age when the case was filed in 2017. She was then 71 years old. She is
now about 76. She is sickly and, on a wheelchair,” stated Justice Muchelule.

He
continued, “There is unquestionably some aspect of her involvement to
their acquisition and growth in all of the property left by Kamotho, including
the home.”

“The
couple educated their children who are now pursuing professional careers. They
will certainly each benefit from the estate when the grant is finally
confirmed,” the judge said.

The
judge remarked in the decision that the uncomplicated dispute had not been
settled since 2017.

“I
also thought that the main reason this ostensibly simple matter hasn’t been
addressed since 2017 is the widow and responders’ lack of communication”
(two of her children). It is impossible to predict if there won’t be some sort
of twist on the day the application for confirmation of the award is heard,
according to Justice Muchelule.

It
is unfortunate that the widow, who was formerly normal but is now confined to a
wheelchair, claims that she has to purchase a specialized vehicle to take her
around, but the respondents claim that this is not essential in their opinion.
She must be suffering a lot because of that, the judge said.

On
December 6, 2014, Mr. Kamotho passed away in a South African hospital. Charles
Githii Kamotho, James Mwai Kamotho, Marianne Nyokabi Kamotho, and David Waweru
Kamotho are among the children he left behind in addition to his widow, Eunice
Wambui Kamotho.

Marianne
and David had argued against Ms. Wambui’s request to sell the property in
court. They said that even before filing the application with the court on April
19, 2022, she had made a deal to sell the property for Sh82 million on March
17, 2022.

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Her
balance was reported to be Sh73.8 million after they said she received a
deposit of Sh8.2 million. They argued against distributing the inheritance in
pieces and demanded that the parties hold off on doing so until the grant’s
confirmation had been made.

They
argued that despite their mother’s illness and confinement to a wheelchair, she
had extensive medical coverage, therefore there would be no unpaid medical expenses.

They
said that even though she was disabled, she didn’t require the vehicle.
Regarding the aforementioned costs, they claimed that she was adequately
provided for because she was paying high rent, receiving a government pension,
and having a cabinet minister for a husband.

They
said that the Directorate of Criminal Investigations (DCI) had been notified
about the suspected sale and was looking into it. This was a component of Ms
Wambui’s interference, according to Ms Nyokabi and Mr. Waweru.

Mr.
Kamotho’s five parcels of land at Gacharage Murang’a, land in Kakuzi Murang’a,
the home at Jadenville Country Homes, and a matrimonial home in Kitisuru,
Nairobi are some of the properties at the center of the succession issue.

Additionally,
he owned shares in Safaricom, KenGen, Britam, Barclays, Sameer Africa, and had
a Standard Bank bank account.

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