Court refuses to suspend distribution of Keen's Sh13 billion estate

Two children and a granddaughter of the late politician John Keen have failed in their bid to suspend the distribution of his multi-billion dollar estate.

The Court of Appeal dismissed the application by Victoria Naishorua Keen and Eva Sein Keen, the former assistant minister's daughters and a granddaughter, to suspend the ongoing succession case pending the determination of their appeal.

The three went to court after Justice Aggrey Muchelule (now a Court of Appeal judge) dismissed their applications seeking various orders relating to the estate, which is estimated to be worth Sh13 billion.

Mr Keen, who died on December 25, 2016, was married to four wives and had more than 30 beneficiaries.

The three argued that the house of the first wife, Gladwell Wairimu Keen, who is now deceased, had been shortchanged by their late father in his will.

They wanted the court to intervene and redistribute the estate fairly, equitably and proportionately among all the beneficiaries.

Read: Judge orders disclosure of John Keen’s wealth in succession battle

All the applications were opposed by Pamela Soila Keen and Rosemary Sanau Keen - the executors and other beneficiaries of the estate.

After hearing the applications, Justice Muchelule ruled that the validity of the will had not been challenged and that under Section 5 of the Succession Act, the court could only interfere if it was shown that the late politician had not made adequate provision for his dependants.

“In all, we are not satisfied that the applicants have placed before us bona fide issues worthy of full consideration on appeal. But even if we were charitable enough to find the intended appeal arguable, we would dismiss this application for failure to satisfy the Court that the intended appeal will be rendered nugatory if it succeeds,” said justices Kathurima M’Inoti, Mumbi Ngugi and Lydia Achode.

The judges said it was a bit disingenuous to claim that their mother – Gladwell – had not been provided for when the record clearly showed that she had been provided for.

The appeal judges added that grandchildren were not direct beneficiaries of a deceased person and that provision for them depended on proof that they had been supported by their late grandfather before his death.

Mr Keen, a polygamist, had four wives: the first, Gladwell, bore him six children, while the second, Mary Njeri Keen, had five. The third wife, Rosemary Sanau Keen, had two children and the last wife, Jane Wamuyu Keen, had one child.

Before he died, Mr Keen left property to his dependants in all four houses, which was recorded in his will. His two children – Victoria Naishorua and Eva Sein – have now filed another case in the Family Court. Documents show they want the court to rule that children can sue on behalf of a parent to claim their share of matrimonial assets.

The two daughters said some of the properties should be declared matrimonial property because they were acquired jointly by their father and mother during their marriage from December 21, 1957.

Some of the properties were registered in the names of Keen or his companies J. Keen Investments Limited and Rossen Gardens Limited.

In his ruling last year, Justice Muchelule said there was no wife, child or grandchild not provided for in the will.

The judge said that although Mr Keen had indicated that he was not obliged to provide for his grandchildren, he had provided for them of his own free will.

In one of the clauses in the will, Mr Keen had asked the trustees to provide for the grandchildren's education and to give those over 21 who were not at school money to help them get on in life.

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