Former employees of late British millionaire to testify in battle over Sh74 million estate
Wanjiku Macharia who is a former employee of Richard Ingram Crawford speaks to the press after an earth mover invaded the land on which they were settled by Mr Crawford on February 2, 2023.
Former servants of the late British settler Richard Ingram Crawford who died a bachelor in 2014 have been granted a chance to contest for a share of his Sh74 million estate.
The Environment and Lands Court on Tuesday, August 6, allowed an application to reopen a case by seven applicants, enabling them to provide individual oral evidence before the case is determined.
The servants, who filed the case in 2023 against Crawford’s former househelp turned secretary Sarah Joslyn, are seeking the court’s declaration that they are entitled to part of the 100-acre parcel forming the estate through adverse possession.
Ms Joslyn inherited the Sh74 million estate after the court adopted a will naming her as the executor and sole beneficiary. Justice Teresia Matheka confirmed the grant of probate to Ms Joslyn on October 18, 2021.
The former workers—John Akoth, Anne Wangare, James Mburu, Beatrice Mburu, Margaret Wanjiru, Eunice Cherotich, and James Njogu—claimed to have lived on the land for over 20 years while working for Crawford who had allowed them to reside on a section of the property.
They sued Ms Joslyn and listed Broadleaf Developers Limited.
After the initial case closure, the servants filed an application to reopen it arguing that each should be allowed to testify individually.
They also denied authorising any of them to testify on behalf of the group citing the emotive nature of the case and the potential risk of homelessness if their issues were not individually considered.
“The plaintiffs vehemently refute having consented or appending their signatures on the said authority, thus the need to have everyone testify as their issues herein are emotive and may render them homeless if all the facts are not laid bare succinctly for a just consideration by this honourable court,” the application stated.
Joslyn opposed the application arguing that reopening the case for individual testimonies would be unfair and urged the court to dismiss it with costs.
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However, the court recognised the necessity of hearing each plaintiff individually due to the nature of adverse possession claims which are based on individual rights to property rather than group rights.
“I do find that this being a case of adverse possession, it is necessary to allow each Plaintiff to agitate his case to prove adverse possession since a claim of adverse possession is based on an individual’s right to property as opposed to group rights,” stated Justice Ombwayo.
Crawford who had arrived in Kenya in the early 1950s died a bachelor in 2014 at the age of 75, leaving behind an estate estimated at Sh74 million.
The estate includes 100 acres of land and shares in Crawford’s Blue Cross Kennels foundation. With no children or known family in Kenya or elsewhere, the succession of his estate became the subject of a protracted legal battle between his former employees and business partners. The court in Nakuru eventually ruled in favour of Sarah Joslyn.
Following Crawford’s death, Ms Joslyn filed a succession case in 2015 to be confirmed as the administrator of the Sh74 million estate, presenting a will that named her the executor and sole beneficiary.
Justice Teresia Matheka adopted a consent order on October 8, 2021signed by Ms Joslyn and other parties in the suit who agreed to withdraw their applications.
