Gachagua Estate Executors Dismiss Disinheritance Claims, Detail Asset Distribution

The estate of the late former Nyeri Governor James Nderitu Gachagua has moved to refute allegations of disinheritance and mismanagement, outlining how his multi-billion-shilling wealth was handled and distributed.

In a detailed public statement, the executors—among them former Deputy President Rigathi Gachagua—said they were compelled to respond due to what they described as widespread misinformation surrounding the estate’s administration since his death in 2017.

Executors Defend Transparency

The statement, issued through Musyimi and Company Advocates, noted that the executors had initially preferred to handle estate matters privately through court processes and engagement with beneficiaries.

However, they said the scale of “inaccurate and misleading information” circulating in public forums forced them to clarify the situation using records already in the public domain.

They maintained that all beneficiaries were consistently involved throughout the process, with support provided for education, upkeep, and other needs, alongside full accounting of estate income and expenditures.

Other executors named include Senior Counsel Njoroge Regeru and advocate and quantity surveyor Mwai Mathenge.

Distribution in Line with the Will

The executors confirmed they obtained a grant of probate from the High Court in July 2017, which was later confirmed in March 2018, allowing them to manage and distribute the estate in accordance with the will.

They stated that specific properties were allocated exactly as directed, including homes in Lang’ata/Karen, Nyeri, and Karen, as well as ancestral land given to the deceased’s sons. Beneficiaries have since taken possession of these assets.

Debt Settlement and Asset Sales

According to the statement, the estate cleared liabilities amounting to KSh1.07 billion owed to banks and other creditors. This was achieved through the sale of key properties such as Kiangwachi and Queensgate, as well as Olive Gardens and Vipingo Beach Resort in 2023.

After settling debts, a net surplus of over KSh648 million was distributed among 23 beneficiaries, in line with the terms outlined in the will.

Additionally, beneficiaries received KSh53 million in savings from reduced administrative costs, while dependants were supported with maintenance and other payments totalling KSh92 million during the administration period.

No Disinheritance, Executors Insist

The executors firmly denied claims that any beneficiaries had been disinherited, stating that all distributions strictly followed the deceased’s wishes.

They added that no legal challenges had been filed against the will and that all beneficiaries had signed consent documents during the confirmation of the grant.

“Specific bequests have been honoured and cash distributions made in accordance with the wishes of the deceased,” the statement read, noting that the High Court has, in past instances, affirmed their handling of the estate.

Beneficiaries Involved in Key Decisions

The executors also emphasised that beneficiaries were actively involved in major decisions, including the sale of assets. Between 2018 and 2020, they worked jointly to identify buyers, later appointing Villa Care during the COVID-19 period to enhance marketing efforts.

They confirmed that four private treaty sales were completed with beneficiary approval, including Kiangwachi (KSh25 million), Queensgate (KSh590 million), and two additional properties sold in 2023.

Other assets, including 70 apartments in Nairobi valued at KSh696 million and land in Lusoi, Nyeri, were transferred directly to beneficiaries based on agreed terms.

Final Accounts to Be Submitted

The executors reiterated their commitment to fulfilling their fiduciary duties and confirmed that final estate accounts will be submitted to the High Court upon completion of the administration process.

They concluded by stating that they have acted diligently and in good faith, investing significant time, effort, and resources to ensure the estate is managed lawfully and in full accordance with the wishes of the late James Nderitu Gachagua.