Following a court ruling on Friday, May 8th 2020, the Koinange’s can now share the Late Mbiyu’s estate equally. This case has been one of the oldest succession cases in Kenya. Reason being that the Late Mbiyu Koinange, a Cabinet Secretary in Mzee Jomo Kenyatta and Daniel Moi Era died intestate.
The ruling was made by the High Court Judge Aggrey Muchelule. In the ruling, he pronounced that Mbiyu’s wealth would be shared equally among 12 beneficiaries, regardless of sex. It was stated that all the children would have an equal claim to the property.
He left behind an estate worth Ksh30 billion with each family getting Ksh2.5 billion each. The late Minister had four wives namely; Loise Njeri Mbiyu the first wife, who died in 1966 leaving behind 6 children, Rith Damaris Wambui the second wife died in 2010, leaving behind 5 children. The third wife Margaret Njeri Mbiyu and the fourth wife Eddah Wanjiru Mbiyu had no children.
A submission by Margaret and Eddah Mbiyu read,” The deceased was a prominent Kikuyu polygamous man whose estate should be distributed in accordance with Kikuyu customary Law which provided that each house should equally benefit from the estate, notwithstanding the number of children, if at all, in each house”.
The court, however, pointed out the case of Rono v Rono & Another  where it was held that the application of African customary law in succession matters was expressly excluded by Section 2(1) of the Law of Succession Act. It was agreed that the estate of the deceased would be shared in accordance with Section 40 of the LSA.
246 acres of the prime land in Closeburn Estate is also part of Mbiyu’s estate which was equally distributed among the beneficiaries. Each of the 12 is to get 20.5 acres of the prime estate. The land was initially 640 acres before its sale which the court allowed 291 acres sold to Aga Khan group,100 acres to Centum Ltd and 3 acres to Karuta Community Chapel Registered Trustees.
”The sharing of the Closeburn Estate shall ensure that each of the 12 beneficiaries gets at least one acre touching the Limuru Highway tarmac road”, said Justice Muchelule. Shares which include 32000 in Koinange Investments Development Limited have also been shared equally among the 12 beneficiaries as per the court orders.
It was further pronounced that Ksh 284 million which is currently missing from Eco Bank, once it becomes available will be shared equally among the beneficiaries.