Former anti-graft chief Mumo Matemu is embroiled in a Sh100 million succession dispute over the estate of his elder brother, who died in April last year, with his niece accusing him of meddling.

In a case to be heard in May, Ms Melany Mwelu Kithyo is accusing Mr Matemu of trying to disinherit the true beneficiaries of the estate of Kata Matemu Kithyo, who died without a Will on April 18, 2024.

A grant of letters to administer the estate, estimated to be worth Sh100 million, was issued on August 23, 2024- about four months after the death of Mr Kithyo.

Melany, 49, who has been listed as a beneficiary of the estate alongside seven others, says the people named as administrators and some of the beneficiaries of the estate are strangers to them.

And a bid to frustrate her mother, Ms Prisca Mukethe Kithyo from fighting for her rightful shares, Melany said the former Ethics and Anti-Corruption Commission (EACC) chairperson caused the arrest of the 71-year-old woman in December, for allegedly interfering with the affairs of the estate.

Ms Kithyo was allegedly arrested and locked up on December 17, 2024, before she was arraigned at Msambweni law courts.

“Consequently, it is in the interest of justice that the grant of Letters of Administration Interstate issued on 23, August 2024 be suspended or stayed pending inter-parties hearing in order to stop abuse of the court process and intermeddling of the deceased’s estate,” Melany said in the application.

The grant was to be confirmed on Monday, March 3 but it has been stopped pending the hearing of Melany’s application in May.

Melany said in the application she was not consulted on the appointment and nomination of two people named as guarantors of the administrators of the estate.

“For starters, the 1st respondent (Agnes Mororumkweru Kata) is a Rwandese citizen and currently resides in Canada,” she said.

She further claimed that Ms Arriane Rose Okong’o was not the biological daughter of her late father but her mother had an affair with Mr Kithyo while Mr Billy Nzuma Kata was born out of wedlock and currently resides in Australia.

“Pursuant to the above, the applicant (Melany) believes that the said grant was issued both unlawfully and fraudulently…” she said in the application.

She said Billy and Agnes could not have signed the petition for letters of administration and the affidavits because they were in Australia and Canada, respectively.

“That notwithstanding the facts that the 1st and 3rd respondents (Billy and Agnes) were not in Kenya on May 14, 2024, I was not at the office of Alakonya and Associates Advocates on May 14, 2024,” she said.

She added that the proceedings have been undertaken with unusual haste and speed in order to deny her and her mother and siblings from participating in the process.

Melany says she brought the petition on her own behalf and on behalf of her mother and brother Mark Muinde and sister Ruth Kavinya.

She said their parents got married in December 1974 under the Akamba customary law and their union was solemnised through the Christian marriage on December 25, 1974.

The parents were blessed with three children.

Following her father’s death, Mr Matemu allegedly sidelined them from the burial arrangements.

Mr Kithyo was buried in their absence despite the process being challenged in court.

She said her consent and that of her siblings were not sought before the application of letters of administration.

Melany added that the grant was founded on a fraudulent letter dated April 29, 2024, issued by an assistant chief listing the beneficiaries of the estate.

The said assistant chief allegedly sought information from one Mr Isaac Kimeu Kithyo, who is not a beneficiary or a personal representative of the estate, she said.

In an affidavit in support of the letters of administration, Agnes has listed eight beneficiaries of the estate- including Melany and her two siblings- but left out Ms Kithyo.

Among the assets listed as belonging to the estate of the late Mr Kithyo are two hotels in the coast area, one in Diani and which generates a monthly income of about Sh150,000, and parcels of land in Machakos and Kwale.

The property also includes the matrimonial property in Athi River, Machakos County.

He also left behind money in three bank accounts, M-Pesa and shares in two companies, two motor vehicles and livestock.

In reply, Agnes claimed that she is the sole surviving spouse of Mr Kithyo as she got married to him on February 9, 1997.

The woman claimed that she was aware that the marriage between her late husband and Ms Kithyo was allegedly dissolved in 1995.

“That I know of my own knowledge that the applicant’s (Melany’s) mother- the 1st interested party, ceased being the spouse of the deceased upon their divorce in 1995 and has no legal or beneficial interest in the estate of the deceased under the law of succession Act,” she said.

Agnes further claimed that she bore Kithyo one child and she has demonstrated her capability to serve as an administrator together with other co-administrators.

Dr Shardrack Mutia Muiu, an elder brother to Ms Kithyo has sworn an affidavit saying his sister Ms Kithyo and her husband never annulled their marriage.

Dr Muiu said before the Christian marriage, a customary marriage ceremony had already been solemnised through exchange of livestock, and payment of dowry, and all steps of a customary marriage between the two families were fully undertaken.

“Under Kamba customary laws in the event of a marriage breakdown occasioning permanent separation or divorce, customarily several things are performed by the families involved to severe the ties permanently,” he said adding that the party of family intending to severe the ties, and relations must return one live goat, to the other family, and announce the cancelation of the marriage permanently and reasons stated.

Dr Muiu said this never happened in the case of her sister and his late brother-in-law.

“As the head of the Muiu family, I confirm that myself, and as a family, we have never been aware of any other process involving dissolution of this marriage solemnized on 25.12.1974 lasting until the year 2024 (50yrs), when Kata Matemu Kithyo passed away,” Dr Muiu said.