Two widows of former Senator Machakos Boniface Mutinda Kabaka are embroiled in a legal dispute over the distribution and control of his multimillion-dollar estate.
Vascoline Katanu (with two children) and Jeniffer Mueni (with three children), the widows ,are yet to agree on who will be released by the court and will deliver a letter from the property management.
However, Ms Katanu asked the court to accept the letters and lost the offer of some of the money she held in the bank for the welfare of her family.
Pending the decision on her claim, she urged the court to provide education, housing, medical treatment and primary care for her two children and herself up to 3.4 million shillings.
She demanded that from the account of Bonavacantia Properties (K) Ltd at Eco Bank money be withdrawn. The amount is intended to cover a whole year.
Senator Kabaka died of constipation (without making a will on the distribution of his property) on December 11, 2020. He was also the attorney for Haut Cou and head of the Advocates of Kabaka & Associates.
He left out several developed and undeveloped assets, cars, shares in Parliament Sacco and the Parliamentary Sacco, and the benefits of Senate group life insurance and the Senate death bonus. He was a shareholder of Bonavacantia Properties (Kenya) Ltd, which owned several properties in a real estate company.
The widow told the court, “Kabaka was the majority shareholder in the real estate company.”
Ms Katanu also asked Sacco Parliamentary Speaker Peter Meikoki to provide the court with detailed and personal information on the shares held by Kabaka.
In the petition, he wants the Sacco president to provide the court with a copy of the nomination form which lists the names of those nominated by Kabaka as candidates for his benefits and rights.
Another order sought against Sacco was that he be barred from paying or giving away any money, shares, bonuses or profits owed to the Senator.
The allegations stemmed from the fact that since the death of her husband she and her children, all of whom were completely dependent on her, had no financial support or income.
She said this greatly affected her and the children’s well-being, hence the need to withdraw money from the account.
She had approached the chairman of Parliament Sacco who had told her that Kabaka had left candidates whose benefits would benefit her until her death, and that Sacco’s benefits were not part of his assets.
But Judge Aggrey Muchelule rejected the request, noting that it appears Ms Katanu has concerns about Kabaka’s appointment to Parliament Sacco.
The judge ruled that under section 76 of the Cooperatives Act, any dispute he may have with Parliament Sacco over the nomination of beneficiaries should be referred to the Cooperative Court.
Regarding the order sought against the chairman of Parliament Sacco in relation to Kabaka’s alleged benefits, the judge said the order could not be issued. In fact, the president was not the nominee for the case and therefore was not heard in the case.
On whether Ms. Katanu and her children should receive money from a real estate company’s bank account, the court ruled that the assets, as well as the bank accounts, of the liability company are different from the assets of the company’s directors. , shareholders or members.
“There has been no official request to remove the veil of the inclusion of Bonavacantia Properties (Kenya) Ltd, in order to receive the money held by the company in Eco Bank Limited,” Judge Muchelule said.
“This does not mean that Kabaka’s children do not have the right to benefit from his property in terms of their education, medical and maintenance costs. However, such benefits cannot come from Parliament Sacco, unless they were not appointed by Kabaka, or from an account in Eco Bank Ltd in the name of Bonavacantia Properties (Kenya) Limited, ”said the judge.