• At the centre of the row is the Karen home partly paid for by the government after Wamalwa’s death.
• The widow, who is also dead, wrote a will leaving the Karen home to her son and daughter.
The High Court has directed that the estate of Michael Wamalwa should be preserved and the public trustee to take over its management.
Justice Aggrey Muchelule said that the estate of the late Vice President continues to be wasted.
"This was because since 2003 when the deceased’s widow, the late Yvonne Nambia Wamalwa, applied for letters of administration, none of the parties (including herself) has petitioned the court for the full grant in respect of the estate," the judge said.
On April 7, 2015, Muchelule made several orders, one of which was that the public trustee should take over and manage the estate.
However, no one has alerted the public trustee of his appointment to manage the estate.
This forced the judge to direct the deputy registrar to formally serve the public trustee with the ruling and also serve him with a notice to attend court on July 31 when further directions shall be taken in the matter.
Wamalwa's children have been battling in court over who should manage the estate and what each should get.
At the centre of the row is the Karen home that was partly paid for by the government after Wamalwa’s death.
By the time of his death on August 23, 2003, Wamalwa had paid Sh19.5 million and the balance of Sh31.9 million cleared by the government.
Widow Yvonne had argued that the Karen home was not part of his estate.
Before her death, Yvonne wrote a will bequeathing the house to her daughter Michelle Nafuna Wamalwa and son Derek Mboya.
Wamalwa’s eldest daughter Alice Muthoni Wamalwa obtained a court order placing a caveat on the house.
Muthoni claims Derek was not Wamalwa’s biological son and should not be a beneficiary of the estate.
She claims that Derek’s father is alive and is a man of means “from a reputable family of Tom Mboya”, and that his mother was only using him to increase her stakes in the estate.
The children are also battling for two apartments at Akila I Estate along Mbagathi Road in Nairobi, 40 acres in Trans Nzoia and 3.8 acres in Milimani, Kitale.
There are also 3.34 acres on which Wamalwa’s residential home stands and property only described as Agricultural Finance Corporation, also in Kitale.
Listed as beneficiaries of the estate are Yvonne, Michelle, Derek, Muthoni, Jacob Jabali, William Samuel Wamalwa and William Wamalwa Junior.
(Edited by R.Wamochie)