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Post Reply: Kibaki Estate Dispute: Mary Wambui at the Heart of Inheritance Row

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on June 23, 2025, 6:43 am</div><div id="pl-6527"  class="panel-layout" ><div id="pg-6527-0"  class="panel-grid panel-no-style" ><div id="pgc-6527-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-6527-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="0 0 []">The estate of Kenya’s third President, the late Mwai Kibaki, is embroiled in a contentious legal battle that has thrust former Othaya MP Mary Wambui into the spotlight. The High Court is delving into the rightful heirs of Kibaki’s vast wealth and the true value of his assets, with Wambui’s alleged relationship with the former president emerging as a central issue in the succession case. Fresh court filings indicate that the controversy surrounding Wambui’s claim to have been Kibaki’s wife under customary law, alongside questions about his health and medical treatment before his death in April 2022, will likely resurface during the hearings.</p>
<p dir="ltr">Kibaki’s family, led by his daughter Judith Wanjiku Kibaki, is locked in a legal tussle with two individuals, Jacob Ocholla and a woman identified only as JNL, who claim to be Kibaki’s children. Ocholla asserts he is Kibaki’s firstborn son, while JNL claims to be his daughter. Both are seeking legal recognition as heirs and a share of the multi-billion-shilling estate. Kibaki’s official will lists only four children: Judith Wanjiku, Jimmy Kibaki, David Kagai, and Anthony Andrew Githinji, as heirs, prompting fierce opposition from the family against the objectors’ claims.</p>
<p dir="ltr">The High Court has identified 14 individuals, including Wambui, who may be summoned to testify or produce documents to clarify the estate’s distribution. According to court documents, the objectors are particularly keen to revive longstanding claims that Wambui was married to Kibaki under customary law. They seek her testimony to shed light on her alleged marital status and any rights she may have in the succession matter.</p>
<p dir="ltr">Mary Wambui, a prominent figure in Kenyan politics and business, has long been associated with Kibaki, with rumors of their relationship dominating his presidency (2002–2013). Despite Kibaki’s public insistence during a 2009 press conference that he had only one wife, the late First Lady Lucy Kibaki, Wambui has maintained in past interviews that she was married to Kibaki under customary law in the 1970s. She recounted meeting him in Nanyuki through his cousin and described their union as a private matter, stating, “I am married. And that is all I will say about that.”</p>
<p dir="ltr">Wambui’s alleged marriage to Kibaki has been a subject of media scrutiny for decades. In 2004, then-Vice President Moody Awori sparked controversy by referring to Lucy Kibaki as the “second lady,” implying Wambui’s status as Kibaki’s wife. The incident led to a public confrontation by Lucy, highlighting the tension surrounding Wambui’s role in Kibaki’s life. Additionally, Wambui’s frequent appearances with Kibaki’s family members, including posing with his sons Jimmy and David, and her warm reception at Kibaki’s memorial events, have fueled speculation about her status.</p>
<p dir="ltr">Court documents reveal that the objectors want Wambui to produce evidence of her alleged customary marriage and clarify her potential rights to the estate. Her daughter, Winnie Wangui Mwai, is also named in the summons, with the objectors seeking testimony about her relationship with Kibaki.</p>
<p dir="ltr">The dispute extends beyond personal relationships to the valuation and distribution of Kibaki’s estate, estimated to be worth billions of shillings. JNL’s affidavit, supported by documents from the Registrar of Companies, alleges that Kibaki held directorships and shareholdings in several major companies, including International House Limited, Pinpoint Investments Limited, Farmlands Company Limited, and others. She claims Kibaki owned 20,033 out of 100,000 shares in International House Limited and had stakes in other firms through entities like Wain Limited and Wagema Limited. JNL accuses the petitioners of misrepresenting the estate’s true value, citing “blatant secrecy, inconsistencies, and misrepresentation.”</p>
<p dir="ltr">The Kibaki family has countered these claims, with Judith Wanjiku arguing that the objectors’ demands, including a request to exhume Kibaki’s body for DNA testing, violate their privacy. She emphasized that Kibaki’s state funeral, funded by public resources, makes such an order inappropriate. The family has also accused the objectors of forging documents related to the will, escalating the legal battle.</p>
<p dir="ltr">The case has taken a dramatic turn with the objectors’ request to summon the CEOs of Karen Hospital, Nairobi Hospital, and Lancet Kenya. They aim to cross-examine these officials on Kibaki’s confidential medical records and treatment leading up to his death on April 22, 2022. Additionally, the CEO of Lancet Kenya may face questions about a DNA test reportedly conducted between JNL and one of Kibaki’s children, the results of which remain unreleased due to alleged lack of cooperation from the petitioners.</p>
<p dir="ltr">The demand for DNA testing has been a sticking point, with Ocholla arguing that exhuming Kibaki’s body is the only way to confirm his paternity, as no male siblings are available for comparison. The family’s opposition to this request underscores the emotional and legal complexities of the case.</p>
<p dir="ltr">The Kibaki estate dispute has drawn significant attention due to its high-profile nature and the involvement of prominent figures like Wambui, a former MP and current chairperson of the Communications Authority of Kenya. Her political career, which included succeeding Kibaki as Othaya MP in 2013, has often been intertwined with her alleged ties to the former president.</p>
<p dir="ltr">Legal experts note that the case could set a precedent for handling customary law marriages in succession disputes, particularly for public figures. The objectors’ focus on Wambui’s alleged marriage highlights the tension between statutory and customary law in Kenya’s legal system. A recent High Court ruling declaring a section of the Succession Law discriminatory against widowers suggests evolving judicial perspectives on inheritance rights, which may influence this case.</p>
<p dir="ltr">In November 2023, the court granted the parties until December 18 to mediate the dispute out of court, with Justice Eric Ogolla noting that discussions were underway. However, the re-emergence of the case in 2025 indicates that mediation efforts may have stalled, paving the way for a protracted legal battle.</p>
<p dir="ltr">Posts on X reflect public interest in the dispute, with some users speculating about Wambui’s role and the legitimacy of the objectors’ claims. However, these sentiments remain inconclusive and highlight the polarized views surrounding Kibaki’s legacy and personal life.</p>
<p dir="ltr">As the High Court prepares to hear testimony from Wambui and other key figures, the Kibaki estate dispute underscores the complexities of inheritance, family dynamics, and customary law in Kenya. With billions of shillings at stake and deeply personal allegations in play, the case promises to keep the nation riveted. Whether Wambui’s alleged marriage to Kibaki will be substantiated or dismissed remains to be seen, but her central role in the saga ensures that the controversy will endure.</p>
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