The High Court in Nairobi has resolved how the estate of the late Chief Justice Johnson Evan Gicheru will be shared out amongst his heirs following a two-year succession process.
In the ruling, the court confirmed a grant issued earlier and outlined how the former Judiciary head’s extensive properties, company shares and vehicle would be allocated among beneficiaries.
Gicheru, who passed away on December 25, 2020, was survived by his widow, Margaret Wangechi Gicheru-who has since also died-and seven children.
He served as Chief Justice from 2003 to 2011 under the late President Mwai Kibaki.
Earlier in his career, he worked as a Senior State Counsel in the Office of the Attorney General and as an administrative officer in the Office of the President, before ascending to the High Court and Court of Appeal benches and ultimately becoming Chief Justice.
The estate comprised land parcels in Kirinyaga and Kajiado, shares in Kenya’s state power producer KenGen, shares in Kirinyaga Traders Company Limited, and a Volkswagen Touareg.
Since he died intestate-without a will-his family was compelled to undergo succession proceedings.
Court records indicate that disputes arose shortly after the widow obtained letters of administration in 2023, with beneficiaries disagreeing over the estate’s division.
This led the court to refer the parties to mediation, which yielded a partial settlement in August 2024, resolving some asset allocations but leaving seven jointly owned land parcels unresolved.
These remaining properties became the primary contention point. Some children advocated for equal distribution among all eight beneficiaries, including their mother.
However, the widow opposed this, arguing the subdivisions would shrink the land parcels into uneconomical bits while driving subdivision costs too high.
Instead, she proposed consolidating the seven adjacent parcels, retaining her legally entitled half-share as a tenant in common with her late husband, and dividing his remaining half equally among their seven children.
She also sought to uphold an earlier mediation agreement granting her three acres of the Kajiado Kaputie-North property, where she had built a permanent home, and disclosed that the seven parcels had outstanding land rates totaling Sh589,850.
Three daughters-Rosalind, Lilian, and Florence-countered this arrangement, arguing that while the widow was entitled to a life interest, the court should prioritise equitable distribution among all beneficiaries rather than granting her consolidated ownership.
The protesters argued that the court should consider the interests of the other beneficiaries.
After evaluating both proposals, the court ruled in favour of the widow’s approach, deeming it both fair and pragmatic.
The judge noted that Kenyan law permits courts to avoid physical land subdivision when it would create impractical units.
The court acknowledged that the widow had relinquished her life interest and was only claiming her lawful share.
Consolidating the parcels and splitting them into two equal portions-one retained by her estate and the other divided among the children-was deemed the most equitable solution.
In its ruling, the court stated: ‘Having regard to the circumstances, I favour the first proposal of the administrator. She has waived her life interest. She is entitled by operation of law to a half-share of each parcel. It is fair, therefore, that she be allowed to consolidate the parcels, divide the merged land into halves, retain her portion, and distribute the other half equally among the seven children.’
The judge directed that the widow’s half of the consolidated land remain with her estate, while the other half be equally apportioned to the children.
Additional assets, including the Volkswagen Touareg and KenGen shares, were confirmed as hers, while Kirinyaga Traders shares were allocated to their son, Evan Njue.
The court granted the administrator nine months to finalise property transfers, scheduling a compliance review for October 5, 2026.