A woman’s bid to stop Kenya Defence Forces (KDF) from releasing her late son’s Sh10 million to his wife, have been thwarted by the High Court.
Kallen Wanjeri Kimani who was named by her soldier son as the next of kin in official documents, says a fake marriage certificate was used to confirm all her late son’s benefits to one Beth Wangari.
The woman wanted the court to order for the prosecution of the Department of Defence Principal Secretary Kirimi Kaberia for disobeying a court order dated August 8, 2016. The order required KDF to furnish her with information on the total sum due to her son’s estate.
Her son — Peter Chege Kimani — was among some officers who died in an attack in Garissa while on duty.
Justice George Odunga dismissed her application on grounds that the court has no powers to order for the PS’s prosecution. Odunga added that the application for review sought fresh orders from what had been decided by the court in August.
“It is therefore my view that the issues being raised herein are merely an afterthought meant to close the stable after the horses have bolted,” the judge said in his judgment delivered on May 25.
The woman had in 2016 March moved to court to ask for the immediate release of her late son’s benefits as his estate’s administrator even before the court gave her powers to manage it.
She claimed Wangari and KDF had introduced the marriage certificate to claim the Sh10 million that was to be paid by the insurance.
More officers killed in terror attack
Madam Kimani alleged that investigations conducted by the Criminal Investigations Department showed no marriage took place between his son and Wangari.
However, in its response, KDF said the late Chege produced the marriage certificate in 2011 and the same was entered into his personal records.
KDF said the grant issued to Chege’s mother does not empower her to sue for the terminal benefits of the deceased.
Aggrieved by the court’s judgment that only ordered KDF and the Attorney General’s office to furnish her with information on how much were the benefits, she moved back to court in October 2016.
Mama wanted the PS prosecuted, her application filed in February 2016 be amended to read that she be given her son’s benefits and the police ordered to investigate the conduct of some senior KDF officers for introducing the marriage certificate in her son’s file.
The officers are Kaberia, Col DO Odeny, Captain Antony Munyeti among others.
The PS then asked the court to dismiss the application, saying the court declined to direct KDF to release the benefits to her but only indicated that she be furnished with the sum due to Chege’s estate.
The PS argued that the woman could have moved to Court of Appeal if at all she was aggrieved by the High Court decision delivered last year.