Inheritance wrangle pits family of late independence hero Fred Kubai against former housemaid
A former housemaid who served celebrated freedom fighter Fred Kubai is at the center of an inheritance wrangle that has pitted her against the family of the liberation hero.
Kubai, one of the famous Kapenguria Six detainees, is making headlines 23 years after his death thanks to a court case involving his former maid Christina Gakuhi and his family.
The two sides have been tussling for Kubai’s vast estate which was reportedly grabbed by the late liberation hero’s housemaid. Ms Gakuhi moved to court seeking to inherit Kubai’s estate shortly after his death in 1996.
The former househelp claimed that she was Kubai’s wife and that they sired two sons together. Gakuhi argued that she was the sole heir to all property owned by the late independence hero.
Unjust ruling
In an affidavit, she said that Kubai indicated in his will that she inherits all his property upon his death. The supposed will, dated January 19th 1991, was written a year after she reportedly got married to Kubai.
After 17 years of court battle, High Court Judge W. M. Musyoka ruled in Gakuhi’s favor in December 19th 2013. However Kubai’s aggrieved family members discovered that the will, ID copies and numbers were all forged.
The family instituted criminal proceedings against Ms Gakuhi and hoped to reverse the court ruling. Directorate of Criminal Investigations (DCI) forensic department confirmed that the will was fake, and was not from the late Fred Kubai.
Six counts of forgery
Kubai’s Family member who spoke to a local news outlet revealed that the sons alleged to have been fathered by the late independence hero were actually Ms Gakuhi’s nephews. It has also been established that Gakuhi didn’t have kids as previously claimed.
The DCI slapped Gakuhi with with six counts of forgery which included the IDs and the will in a charge sheet dated October 22nd 2014 upon establishing that the will was fake.
Rogue lawyer
Armed with the new evidence, Kubai’s family headed back to the court to seek an injunction blocking Ms Gakuhi from Fred Kubai’s estate. However the family suffered a major setback when it emerged that their lawyer John Khaminwa had been lying about filing the appeal while he actually did not.
The well choreographed scheme by the rogue family lawyer saw Justice Asenath Ongeri dismiss the appeal by Kubai’s family on the grounds that the family did not file an appeal within the stipulated time. This is despite the fact that Gakuhi, despite winning the case, did not honor summons for confirmation of grant by the court.
Justice Ongeri further ordered that the two sides file their responses, Gakuhi confirming the grant, while the family rejecting it. Mr Kubai’s family filed their response, while Ms Gakuhi didn’t.
The family lawyer John Khaminwa reportedly went to the bank and picked Kubai’s possessions that were left for the family, and has not been appearing in court to defend the family.
The lawyer is also said to have been only securing mention dates for the appeal, without actually pushing for full hearing. Fred Kubai’s family now wants the case expedited so that the rightful heir(s) inherit the liberation hero’s estate.
