An army general who thwarted two coup attempts considered his daughters in a Sh800 million estate. General Jackson Kimeu Mulinge, who had 10 children, declared that his six daughters be given Sh100,000 each. The daughters are Mutio Mbithi, Kasiva Mwaka, Joyce Kavindu, Wayua Mulei, Carol Mwikali and Josephine Mweni.
In a bid to fulfil their father’s wishes in accordance to his Will, his two sons — Maj Gen (Rtd) James Mutua and Patrick Mutinda—on Wednesday moved back to court to have the letters of administration confirmed.
Once the letters that were issued to them by Justice John Oyiengo on April 4 are confirmed, they will distribute their father’s property as indicated in his last written Will. Mulinge, who was born in 1924, was a respected community leader, politician, farmer and veteran soldier. He died on June 17 last year.
He thwarted military coups against founding President Jomo Kenyatta and his successor Daniel arap Moi. The General had invested in real estate and put some of his wealth in shares.
At the time of his death, he had acquired 90 parcels of land in Nairobi and Machakos counties. Mulinge, who retired in July 1986, had two wives—Lesa Mutethya and Grace Nundu— but the latter died on February 15, 2013, leaving behind two sons.
In his last Will that was confirmed by the court in April this year, General Mulinge indicated his beneficiaries as the two wives and children — Mutua, Peter Mulinge, David Kitheka, Mutinda, Mbithi, Kasiva, Kavindu, Wayua, Mwikali and Mweni. For his two wives, he bequeathed all his household and personal effects in their respective houses in addition to Sh100,000 each.
In considering his sons, the General made it clear that the four should share his Machakos Ranching Company Limited (MRCL) equally. Moveable and immovable property such as 40 land title deeds were given to the company which he said belonged to his family. In March this year, the High Court sitting in Machakos ruled in favour of MRCL in relation to a property in Athi River.
Justice Oscar Angote dismissed an application that was filed in 2008 by two people claiming ownership of 1.5 acres of land belonging to MRCL. “The applicants have failed to prove they have been in occupation of the entire land continuously for more than 12 years to the exclusion of the defendant and without the defendant’s permission,” the judge ruled.
In the case, Jane Wanjiru Gitonga and Wambua Mwithi Kilovoo moved to court to seek determination on whether they should be registered as proprietors of the whole piece of land in Athi River Township in place of the company.
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They also wanted the court to order the company to pay them Sh30 million for the property and developments on it. The court dismissed Jane and Kilovoo’s application after they failed to prove that they have been in occupation of the property for more than 12 years.