Eldoret widow wins 20-year court battle over husband's estate

When she got married 26 years ago, at the age of 20, Ziporra Gakii, never imagined that she would one day be embroiled in a court battle over her husband’s estate.

It all started when her husband, Anthony Kamau, died in 2002, leaving her with two children, aged three years, and six months.

The court battle started after her stepson, Edward Kamau, sued, objecting to her becoming the sole administrator of his father’s estate.

The estate in Eldoret includes prime property in the town centre, a mansion in Kapsoya estate and rental houses in Huruma estate.

The case was adjourned several times due to transfer of judges and frequent absenteeism by lawyers.

Others withdrew from the matter for unknown reasons. More than five lawyers quit the case before it was heard and determined by the Eldoret High Court.

Justice Reuben Nyakundi on Friday ruled in favour of Ms Gakii and her two children; offering relief for the 46-year-old after more than 20 years of litigation.

High Court

Edward Kamau wanted to lock her out of becoming the sole administrator and prime successor of the multimillion-shilling property.

Ms Gakii’s attempt to become the estate’s administrators almost failed 10 years ago when a lower court gave her stepson a share of the estate.

But she appealed in the High Court.

Through her lawyer, Kaira Nabasenge, she picked up the fight to inherit the property together with her two sons.

She regretted that her husband died without leaving a will to guide her on the succession procedure.

Lawyer Nabasenge embarked on a spirited fight for his client, seeking to challenge the ruling that gave Edward Kamau the right to own part of the estate.

“It has been a tough journey. I have used a lot of family resources to fight for what has been rightfully mine. I thank the High Court for doing me justice,” Ms Gakii said.

“My children can now face the future with confidence knowing that they are the right heirs of their deceased father’s properties in accordance with the Constitution.”

She said that when Mr Kamau realised he was losing the case, he started threatening her.

“The journey has been tedious and full of threats to my life. I was forced to relocate to Nakuru following consistent threats from strangers who kept threatening me to vacate the premises,” she said.

The widow appealed to the Judiciary to help widows subjected to humiliation due to family property wrangles.

“Many widows like me are suffering at the hands of greedy relatives who are always out to disinherit them upon the death of their loved one,” she said.

Family property

Ms Gakii now wants the Succession Act reviewed in favour of widows and other vulnerable family members.

“Something has to be done to streamline the law on succession to save widows like me who undergo a lot of challenges when it comes to inheriting the estate of their deceased relatives,” she said.

She also urged husbands to prepare wills immediately they marry to prevent fights over family property.

Lawyer Nabasenge said fighting over property in families delay development.

“To avoid unnecessary court battles over property, husbands ought to prepare wills in advance. It would be prudent for such wills to be in place as soon as one gets married,” he said.

He said if parents assign their children property shares in advance, this will minimise legal battle over property.

Delivering his ruling, Justice Nyakundi said it was clear from Ms Gakii’s evidence that she was the only genuine heir of her husband’s estate.

The court also noted that it was unfortunate that Mr Kamau died before the ruling was issued, as it was his legal right to appeal if he was aggrieved by it.

“Looking at this matter, I find no compelling reason to deny the widow a right to become the administrator of the estate of her deceased husband,” Justice Nyakundi ruled.

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