Kibaki Succession Battle Intensifies as Court Summons Key Witnesses

A contentious legal battle over the estate of Kenya's late President Mwai Kibaki is escalating, with the High Court's Family Division set to hear evidence from a roster of prominent witnesses starting 26 June 2026. 

The succession case hinges on unresolved questions regarding Kibaki's heirs, the full extent of his wealth, and the circumstances surrounding his final days. At the heart of the dispute are claims of inheritance rights and familial recognition, which have drawn national attention and necessitate the testimony of several key figures.

Among those summoned is former Othaya MP Mary Wambui, whose alleged relationship with the late president is expected to undergo intense judicial scrutiny. 

Jacob Ocholla and a woman identified as Ms JNL are both claiming to be Kibaki's biological children and are seeking legal recognition as heirs. Their application to the High Court has outlined a list of potential witnesses, with Ms Wambui's testimony considered pivotal in substantiating their claims. Lawyers for the claimants argue that her cross-examination is critical, alleging she may possess documents or personal knowledge of a customary marriage with Kibaki. 

Court filings indicate the objectors expect her to "give evidence and/or produce documents in respect of her marriage to Kibaki under customary law and her rights in this succession cause."

Also named in the summons are Winnie Wangui Mwai and chief executives of several leading medical institutions, including Karen Hospital, Nairobi Hospital, and Lancet Kenya. These individuals are expected to provide clarity on the medical care Kibaki received prior to his death in April 2022. Of particular interest is a contested DNA test reportedly commissioned by Ms JNL and one of Kibaki's recognised children. 

According to advocate Philip Murgor, the outcome of this test "continues to be held due to the lack of cooperation for the release by the petitioner."

The claims have emerged following a succession application filed by Kibaki's daughter, Judith Wanjiku, one of the executors of his 2016 Will. The document identifies Kibaki's known children, Wanjiku, James Mark Kibaki, David Kagai, and Anthony Andrew Githinji, as the sole beneficiaries and executors. However, critics argue that the estate's declared value of Sh50 million, comprising seven parcels of land in Othaya and Nyeri, significantly undervalues Kibaki's holdings.

Challenging the probate petition, Ms JNL insists that the Will omits substantial assets and fails to reflect the late president's significant business interests. Her affidavit lists shareholdings and directorships in companies such as International House Limited, Pinpoint Investments Limited, and Kentrout (1972) Limited, among others. She contends that these omitted assets should form part of the estate, which is directed under the Will to be placed into a holding company shared among Kibaki's recognised children.