The son of late chief spymaster James Kanyotu has moved to court seeking to revoke the appointment of his step mother as an Administrator of Sh10billion disputed Ruiru land.
Willy Kihara through his lawyer Ruiru James Njoroge says that Jane Gathoni Muraya is one of the Administrators of Kangaita Coffee Estate Limited and has actively participated in cahoots with other third parties in the intermeddling and wastage of the Estate.
He accuses Jane of beig in contravention of the law and unambiguous orders of the court, gave out to third parties Title to land parcel Land reference number 11261/76 (Ruiru land) belonging to the Estate and then proceeded to sell the same without approval from the honourable court.
He said Jane is actively assisting third parties, intermeddlers to deprive the Estate herein of the above parcel of land, which is the most valuable asset of the Estate valued at over ten billion Kenya shillings.
The Respondent has illegally held on to the above property in contravention of a clear order of this court, leased the property to third parties and frustrated its sale, thus enjoying the benefits of the Estate property alone to the prejudice of the Applicant and other beneficiaries, he said.
He accessed Jane that on several occasions has issued life threatening threats to the Applicant herein and other members of the family including her fellow Administrators, a crime that has been reported to the DCI and is currently under investigations.
” That for the foregoing reasons the Respondent is not fit to be an Administrator and thus her appointment should be revoked forthwith”, Kihara says in court documents.
In an affidavit filed in court. Kihara says that he is one of the beneficiaries of the Estate and that on the 23rd June 2010 Hon. Lady Justice Nambuye issued Orders dated 25th June 2010 appointing Administrators, to wit Jane Gathoni Muraya, Margaret Nyakinyua Murigu and Mary Wanjiku Kanyotu.
“Despite the fact that the Respondent herein is one of the Administrator and should be acting in the best interest of the Estate, she has actively participated in cahoots with other third parties in the intermeddling and wastage of the Estate”, he states.
He adds that Jane has admitted giving out the title deed for property L.R 11261/76 and is on record as having received money from third parties for the sale of the said property, without the express approval of this honourable court.
“That this honourable court on the 25th October 2011 the Hon. Justice David Maraga (as he then was) issued Orders dated 28th October 2011 which prohibited any dealings with the properties of the Estate including assets and properties registered in the names of the companies in which the deceased was at the time of his death the majority shareholder until further Orders of this honourable court” the court documents read.
Further, Kihara says that the then Hon. Justice Maraga went an extra mile and even explained the importance of the “prohibition” Order to all the family members and warned us all on the consequences of violation of the same.
He adds that in relation to the foregoing the Respondent is also on record frustrating the efforts of the Estate in reclaiming the Ruiru Land by being a witness supporting the intermeddlers in ELC Suit No. 4 of 2021 Nairobi.
Kihara wants court to issue an order prohibiting the Respondent Jane Gathoni Muraya from executing any documents in regards to the Estate herein or dealing with any documents and properties regarding the Estate pending the hearing and determination of this Application:
“This Honourable Court be pleased to order Jane Gathoni Muraya to deposit with the court the Title Deed to land parcel number 11261/76 Ruiru and any other legal document(s) of title belonging to Estate”, he states in court documents.
The matter will be heard on October 17 before Justice Eric Ogola.