• On December 29, 2021, Justice Mumbua Matheka said the widows knew of each other's existence.
• Each acknowledges that the deceased was married to the other and there was a child or children born out of that relationship.
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Two widows locked up in a bitter fight over the inheritance of their husband's estate have been ordered to share the property equally.
Winfred Wambua and Jane Muthoni were married to Samuel Njagi who died on March 24, 2011.
Muthoni petitioned the court for a grant of letters of administration intestate of the deceased’s estate on May 26, 2011 and on August 5, 2011, was given the power to manage the estate.
She argued that the beneficiaries were Jane Muthoni, sons Gibson Munyi and Kevin Waweru and daughter Natasha Karimi.
But Wambua later filed summons of revocation of the grant, which was issued to Muthoni.
She sought orders that the grant of letters of administration issued to the petitioners on August 5, 2011, be stopped pending inter partes hearing, that rental proceeds from the estate be deposited in a joint interest-earning account of the advocates in the matter.
Wambua told the court she was the legal wife of Njagi, having celebrated their marriage on March 8, 2002 and they were blessed with one child - Natasha Karimi.
Wambua was aware Njagi cohabited with Muthoni and out of the union they had two sons - Gibson Mirugi and Kevin Waweru.
She said Muthoni abandoned her two sons and she and Njagi raised them together. She said at no point did Muthoni either visit the matrimonial home or care for the welfare of her children.
Wambua said after the sudden death of her husband, Muthoni reappeared and together with her relatives, forced her and her daughter (Natasha) out of their matrimonial home in Miti Mingi/Mbaruk Block 8/1956.
She said the letters of administration issued on August 5, 2011, to the petitioners were obtained fraudulently by concealment of material particulars and hence the same should be revoked.
But Muthoni testified that in 1990, she got married to the deceased under Embu customary law and they had two sons - Gibson and Kelvin.
She said Njagi was shot by thugs on March 24, 2011. At the time of his death he had married Wambua and they were blessed with Natasha.
She said Njagi and Wambua separated in 2007 and that she got married to another man. Muthoni prayed that the estate be distributed to her, her children and Karimi as they are the rightful beneficiaries.
Njagi had three properties in Miti Mingi, two of which were developed. There was also a vehicle. It was her prayer that the properties be handed to the three children.
Grace Munyi, mother of the deceased, said her son had married Muthoni and Wambua, whom she said had run away with her grandchild, Karimi. She said her son had two sons with Muthoni.
However, on December 29, 2021, Justice Mumbua Matheka said the widows knew of each other's existence.
Each acknowledges that the deceased was married to the other and there was a child or children born out of that relationship.
It is evident from the deceased’s mother that the deceased was known to have two wives, but one had left.
“In the circumstances, it is my view that it is in the best interests of the beneficiaries herein that the grant issued to the petitioner alone be revoked and a fresh one issued to Muthoni and the objector Wambua, with a rider that both or either of them is at liberty to file and serve summons for confirmation of grant within 60 days hereof,” the judge ruled.