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The son of late chief spymaster James Kanyotu has moved to the High Court seeking to revoke the appointment of his stepmother as an administrator of Sh10 billion disputed Ruiru land in Kiambu county.

Willy Kihara through his lawyer James Njoroge says that Jane Gathoni Muraya is one of the administrators of Kangaita Coffee Estate Limited and has actively participated in cahoots with other third parties in running down the estate.

He accuses Gathoni of contravening the law and unambiguous orders of the court, gave out to third parties the title to the parcel of land in Ruiru reference number 11261/76 belonging to the estate and then proceeded to sell the same without approval from the court.

At the same time, Justice Eric Ogola certified the matter as urgent and directed it to be heard on October 17. Kihara said Gathoni is actively assisting third parties and intermeddlers to deprive the estate of the parcel of land valued at more than Sh10 billion.

The respondent has illegally held on to the property in contravention of court orders, leased the property to third parties and frustrated its sale, thus enjoying the benefits of the property alone to the prejudice of the applicant and other beneficiaries, Kihara argues.

He claimed that on several occasions, Jane has threatened him and other members of the family including her fellow administrators, a crime that has been reported to the DCI and is currently under investigations.

Best interest

“That for the foregoing reasons, the respondent is not fit to be an administrator and thus her appointment should be revoked forthwith,” Kihara says in court documents.

In an affidavit, Kihara argues that he is one of the beneficiaries of the estate and that on June 23, 2010, Justice Roselyn Nambuye issued orders appointing administrators including Gathoni, Margaret Nyakinyua Murigu and Mary Wanjiku Kanyotu.

“Despite the fact that the respondent herein is one of the administrator and should be acting in the best interest of the estate, she has actively participated in cahoots with other third parties in the intermeddling and wastage of the estate,” said Kihara.

Kihara wants the court to issue an order prohibiting Jane from executing any documents in regards to the estate or dealing with any documents and properties regarding the estate pending the hearing and determination of the application.