The executors of the estate of the late Nyeri Governor James Nderitu Gachagua have issued a comprehensive public statement to counter widespread media allegations of asset misappropriation and the disinheritance of beneficiaries.
The estate, valued in the billions of shillings, was left to 23 beneficiaries following the former governor’s death in London in February 2017. The executors—former Deputy President Rigathi Gachagua, Senior Counsel Njoroge Regeru, and Quantity Surveyor Mwai Mathenge—stated they were compelled to release the detailed accounts to mitigate the “prejudicial effects” of ongoing public discourse.
Noting that they would have preferred to keep the estate’s affairs limited to court filings, the executors stated they needed to act to “ameliorate the prejudicial effects of a ‘public audit’ that is being conducted on the affairs of the Estate without the benefit of the full records”.
“The Executors have diligently and faithfully undertaken their duties, expended effort, time, personal significant monetary expense to preserve assets and to ensure the Estate of the Deceased is administered lawfully in accordance with his wishes,” the executors declared in the statement issued through Musyimi and Company Advocates.
Strict Adherence to the Will and Disinheritance Clause According to the executors, all wealth distribution was executed in strict compliance with the deceased’s will. Notably, the late governor included a firm deterrent against disputes in the will, stating: “I direct that if any of the above listed beneficiaries raises any challenge to the stated mode of distribution he or she shall be disqualified automatically from inheriting any part of my estate”.
The executors firmly denied any foul play, stating, “The Executors are not aware of the instances of disinheritance that have been alluded to in public media and fora”. They emphasized that no legal challenges for forgery or fraud have been mounted against the will in the nearly ten years since probate began, adding, “To the contrary, all Beneficiaries have received and accepted their respective shares under the Will”.
Clearing Massive Debts and Distributing Wealth The executors revealed that the estate was highly indebted upon Gachagua’s death, owing approximately Ksh 1.07 billion to commercial banks and various creditors. To settle these massive liabilities, key properties including Kiangwachi, Queensgate, Olive Gardens, and Vipingo Beach Resort were sold between 2018 and 2023.
Following the settlement of these debts, a net surplus cash amount of over Ksh 648 million was distributed to the beneficiaries according to a strict formula detailed in the will, ranging from 1% to 10% per beneficiary.
In addition to the cash, vast property portfolios were distributed directly. Seventy apartments in Nairobi, valued at Ksh 696 million, and multiple parcels of land in Lusoi, Nyeri, were transferred to the beneficiaries. Specific bequests were also honored: a house in Lang’ata/Karen was transferred to the first wife, two houses to the second wife, and a 4-acre ancestral home to the two eldest sons. Furthermore, dependent beneficiaries received over Ksh 92 million in maintenance, school fees, and living expenses during the administration process.
Court Affirmations and Transparency The executors highlighted that their administration of the estate has continually withstood legal and political scrutiny. They noted that applications filed in 2021 regarding dependency and the substitution of executors were formally dismissed. In its rulings, the High Court expressly affirmed the executors’ diligence in managing the estate and settling its liabilities. Furthermore, allegations of maladministration referenced during the 2024 impeachment proceedings of former Deputy President Rigathi Gachagua were not proven after examination by the National Assembly.
The executors noted that they will submit the final estate accounts to the High Court upon the full completion of the administration process, which is currently awaiting the resolution of an outstanding court appeal and the payout of Ksh 47.5 million from SBM Bank.