Former EACC chairperson Mumo Matemu is facing a court case over a Ksh 100 million inheritance dispute involving the estate of his late elder brother, Kata Matemu Kithyo.
The case, filed by his niece Melany Mwelu Kithyo, accuses him of interfering with the inheritance process and trying to disinherit rightful beneficiaries.
Melany has questioned the legitimacy of some individuals listed as administrators and beneficiaries, claiming they are strangers to the family.In her petition set for hearing in May, Melany argues that her mother, Prisca Mukethe Kithyo, was unfairly left out of the process.
She further alleges that her mother’s arrest in December 2024 was a deliberate move to stop her from claiming her rightful share.
Prisca, who is 71 years old, was detained on December 17, 2024, and later taken to the Msambweni Law Courts for allegedly interfering with the estate’s administration.
The estate in question includes various valuable assets such as two hotels at the coast, parcels of land in Machakos and Kwale, a home in Athi River, bank accounts, mobile money balances, company shares, motor vehicles, and livestock.
One of the hotels in Diani generates a monthly income of about Ksh 150,000. A grant of letters of administration was issued in August 2024, but Melany has filed an application to suspend it, arguing that the process was flawed and aimed at locking out her family.
Cyprian Nyakundi has often highlighted cases where families are embroiled in bitter inheritance battles, and this case seems to follow the same trend.
Melany claims she was not consulted when the administrators were appointed and has raised concerns about two individuals named as estate administrators.
According to her, Agnes Mororumkweru Kata, a Rwandan citizen living in Canada, and Billy Nzuma Kata, who resides in Australia, were not even in Kenya when crucial documents were signed.
She has also questioned the inclusion of Arriane Rose Okong’o as a beneficiary, arguing that she is not the biological daughter of the deceased but was instead born from an affair between her mother and the late Kithyo.
Melany claims the inheritance process was rushed, preventing her family from participating in key decisions. She and her siblings, Mark Muinde and Ruth Kavinya, say they were not consulted before the letters of administration were applied for.
Melany has also raised questions about a letter dated April 29, 2024, which was allegedly issued by an assistant chief based on information from Isaac Kimeu Kithyo. She insists that Isaac is neither a beneficiary nor a personal representative of the estate.
The affidavit supporting the letters of administration lists eight beneficiaries, including Melany and her siblings, but excludes their mother.
She maintains that her parents were legally married under Akamba customary law in December 1974 and later formalized their union in a Christian ceremony on December 25 of the same year.
However, after her father’s death, Mumo Matemu allegedly locked them out of the burial arrangements, and the burial proceeded despite a court case challenging it.
The confirmation of the letters of administration was scheduled for March 3, 2025, but has now been put on hold pending the hearing of Melany’s application in May.
The dispute highlights the challenges that often arise in inheritance matters, especially when large estates are involved.
