Kibaki and Kirubi were business partners?
Kenya's third president, planned with a stroke of the pen how his children would increase his wealth and pass on his name from one family to the next.
In his will, Kibaki instructed his wealth to be handled by a holding company.
Kibaki was writing his will three years after leaving the presidency. It carefully spelled out where he wanted to be buried, who would be in charge of his estate, what gifts and residues he wanted to leave behind, and how his grandkids would get the money.
Kibaki chose his children Judy Wanjiku, Jimmy Kibaki, David Kagai, and Anthony Githinji to be the trustees in his will. He told them to work together as a team, and not as separate administrators of his will.
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"I appoint my children to be joint and not several executors of my will," Kibaki wrote in the will. He also said that he would call the four people "his children." He said that the money in the bank account that is only in his name should be split evenly and completely between them. At the same time, Kibaki said that any amount of known assets should be split up according to the will.
Kibaki also wanted his personal things to be given to the Mwai Kibaki Foundation when he died. The will says that the foundation cannot get rid of his belongings, which include his personal papers.
Should the Mwai Kibaki Foundation not have been created, he ordered that his personal belongings be given to any other charity that would be created in his honor.
After Kibaki paid off his debts and fulfilled his duties, he said that the property, belongings, and money that he hadn't given to his children would be treated as residue and given to a holding business.
He said that he and his children would both own shares in the company, but that when he died, his shares would be split fairly among his children.
The catch was that he would only give the shares to his children if they all agreed to be bound by a sharing agreement.
Kibaki was in charge of some of his wife Lucy's money. It was thought that she was worth about Sh200 million. Mama Lucy died on April 26, 2016, at the age of 80, at Bupa Cromwell Hospital in London.
Her property in Mombasa was very expansive, she had money in banks, and she owned shares in a big company.
JNL (true identity hidden by the courts) and Jacob Ocholla Mwai, on the other hand, are against the succession process because Kibaki did not include them in his will, even though they are his biological children.
JNL said that she was born in the year 1961. She said that her mother and the late Kibaki met in the late 1950s while they were both students in the UK.
Another new set of court papers from her mother, who is now 98 years old, backs up what she said.
The woman, who was given the code name NML, said, "H.E. Emilio Mwai Kibaki is the biological father of my daughter."
She says she met Kibaki in the late 1950s in the UK. She said that Kibaki was studying economics at the London School of Economics and Political Science at that time, while she was studying nutrition at the London School of Hygiene and Tropical Medicine.
Even after we both finished school and got jobs and moved back to Kenya, our relationship stayed strong. The couple had a girl, whose name is above. She was born at the Aga Khan Hospital in Nairobi on December 1, 1961.
She said Kibaki knew about it and had seen how far she had come over the years. On her application, JNL said she had tried to get a Catholic Church priest to help Kibaki's four children get together to talk about a possible settlement that wouldn't go to court.
She says, "Because of the familial ties, I tried to reach out to the petitioners several times with the goal of finding a peaceful solution to the succession case." JNL says that her attempts were unsuccessful.
The papers filed in court by the woman show that Kibaki may have had more money than his family said. Indeed, the papers connect the former president to Chris Kirubi, a business mogul who died in 2011.
The woman, who goes by the code name JNL, says that Kibaki's children didn't tell the court that Kenya's third president was worth more than they said in the succession case.
"When it comes to succession matters, I believe in being honest, sincere, and giving all the facts." In papers she filed before High Court Judge Eric Ogola, she says, "Truths must be told in probate not only to the court but also to anyone with a genuine claim to the estate's assets."
JNL said that Kibaki was worth much more than Sh50 million.
"The petitioners knew this to be true, but they didn't tell the court about it when they filed the petition for grant of probate. Instead, they only said that my father left behind an estate worth less than Sh50 million," JNL said.
Judith Wanjiku, James Mark Kibaki, David Kagai Kibaki, and Anthony Githinji Kibaki, Kibaki's children, filed a case for succession. JNL was replying to that case.
The woman wrote in her papers that she chose to do a search that showed Kibaki was on the board of directors and a shareholder in blue-chip businesses.
This was the first business she looked up: Roirie Investment Company Limited. She says that the company is named as an owner or director of International House Limited.
She says that he owns 27,000 of the 100,000 shares that are available.
The main owner of Roirie Investment Limited is my dad, who owns 999 out of every 100 shares. It was said that the petitioners didn't tell the court about this, even though David Kagai Kibaki and Anthony Andrew Githinji know that they are directors of Roirie Investment Limited.
Along with that, she said, Wanjiku owns one regular share of Roirie.
Based on what she has written, International House Limited is worth two million nominal capital shares. Plain A and B shares are the two types, and each one is worth 20 shekels. The CR12 says that the named shareholders are Stephen Njoroge Waruhiu, Mwaki Kibaki, Mary Ann Kirubi, Robert Maina Kirubi as trustee of Intertrust, and the estate of the late Christopher John Kirubi.
David Kagai Kibaki, Robert Maina, Angela Pearl Namwakira, and Mary Ann Kirubi are some of the others.
"It's clear that the petitioners lied and stretched the truth, or they withheld facts from the court that were true."
So, it's clear that my dad owned a total of 20,033 ordinary shares and another 27,000 ordinary shares through his business, Roirie Investment Company Limited. This made him a half-shareholder in International House Limited, which owns International Life House, with a total of 47,033 shares out of a total of 100,000, she said.
Lucia and Company Limited is the other company that JNL is claiming. She told them that Kibaki owned 69 of the 100 shares in Lucia.
The people on the list for Lucia are Kagai (director), Wanjiku (director), Gucharam Das Tandon, Lucy Muthoni Kibaki (director or shareholder), Patrick Kamau Gacheru (secretary), and Kibaki.
The other company in JNL's answer is Gingalili (1968) Limited. The past president, Githinji, his wife, and Wanjiku are all directors or shareholders of this company.
Pinpoint Investments Limited's CR12 was also made by JNL. The paper says that Kamau is the secretary and Kibaki and Wanjiku are the owners.
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