Nairobi News

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Why son of Naivas founder ‘forged’ father’s will


A son of the founder of a leading supermarket on Tuesday accused his eldest brother of presenting a forged will in court in a bid to disinherit his siblings of their father’s multibillion-shilling empire.

Naivas Supermarkets managing director David Kimani Mukuha dismissed the will presented by his eldest brother, Mr Newton Kagira Mukuha, as a “forged paper”.

Mr Kimani was testifying in a succession case in the High Court, Nakuru, in which Mr Kagira has objected to the administration of the estate.

Mr Kagira claims the will was written by the late Peter Mukuha Kago, but Mr Kimani told Justice Anthony Ndung’u that his brother wanted to “harvest where he has not planted”.

Mr Kimani said the will their father wrote, which is not the contentious one, was clear on how the property he left behind was to be shared.

“My father’s property should be distributed in accordance with the will he left behind,” said Mr Kimani.

“Even my elder brother, Mr Kagira, received his share of the property distributed among my nine siblings.”

IRRESPONSIBLE LIFESTYLE

He added that Mr Kagira had led an irresponsible lifestyle despite the efforts of his two brothers, who are co-directors of Naivas, to help him.

“He is the only one opposed to the will left behind by our late father,” said Mr Kimani. “My father convened a meeting on March 20, 2010 at our home in Naivasha, where he disclosed the details of the genuine will.”

He described his controversial brother as “a problem” in the family.

Mr Kimani said Mr Kagira, who initially claimed a 20 per cent stake in the retail chain, lost an opportunity to own shares in the business when he “squandered multiple opportunities” by mismanaging Rongai Self-Service Store.

He said Mr Kagira’s embezzlement of Sh230,000 led to his arrest in the early 1990s.

However, Mr Kagira has accused his siblings of a plot to disinherit him.

He said being the eldest son, it was against Kikuyu culture to deny him a share of his father’s property since he was the “muramati” (custodian).

Mr Kagira has also claimed that his brother, Mr Simon Gachwe, is not fit to be the administrator of their father’s estate.

Hearing continues.