A High Court directive is compelling the late Samuel Mutua Kivuitu’s family to settle a prolonged inheritance dispute—but one particular piece of property remains the center of a bitter deadlock. The former Electoral Commission of Kenya Chairman passed away in 2013, leaving a sizeable estate and a deeply divided household.
His second wife, Priscilla Ndululu, and children from both his first and second marriages are struggling to find common ground on how to allocate various assets. Justice Stephen Riechi instructed them to present a complete list of undisputed properties for distribution, yet the Garden Estate residence has held everything in limbo.
Lawyer Peter Wena, representing Ndululu, emphasized that nearly all other assets had been settled except for the Garden Estate home. “There is convergence on all issues except for the Garden estate. The issue is whether the property is a matrimonial property or a part of the estate which should be distributed. My client shared life interest as the widow while Mureithi’s client wants the same to be shared among the beneficiaries equally,” said Wena.
The Garden Estate lot is claimed by Ndululu as matrimonial property, given that she lived there with her husband from 1983 onward. On the other hand, one of Kivuitu’s children from his first marriage, Ndunge, insists that the property be divided among all beneficiaries, citing an earlier High Court ruling that recognized the stake held by Kivuitu’s first wife, the late Mary Ann Mutanu.
In partial agreements reached during mediation, the family proposed distributing multiple pieces of land, including Kwa Ngina, Kwa Ndeto, two sites in Wamunyu, Mwingo, Kwa Musyoka, and the main homestead at Katelembu. Most of these allocations went uncontested until they attempted to incorporate the Garden Estate property. The widow believes it should remain solely under her purview, while some stepchildren argue it belongs in the pool of assets for equal division.
Below is a summary of the primary plots at stake:
| Property | Notable Details |
|---|---|
| Garden Estate | Central point of dispute, regarded by Ndululu as matrimonial property |
| Kwa Ngina | Unoccupied land spanning roughly two acres |
| Kwa Ndeto | Proposed for shared inheritance by specific family members |
| Wamunyu (two plots) | Split into multiple subplots; some suggested for joint ownership |
| Mwingo | Includes separate portions labeled Mwingo 1 and Mwingo 2 |
| Kwa Musyoka | Claimed by Ndululu in her proposals |
| Katelembu | Final resting place of the late Kivuitu; widow suggested to have life interest |
| Syokimau | At the heart of a proposal designating it to one beneficiary |
| Sophia, Mwisua Town, Kwa Mateli | Recommended for trust arrangements benefiting all children |
Mutua and Ndunge, two of Kivuitu’s children, argue that the Garden Estate house was jointly acquired by their father and his first wife, meaning the entire family should share its proceeds if it’s sold.
Their stance also leans on a landmark court ruling affirming that a spouse – such as their late mother – is entitled to half of any jointly owned property, underlining their belief that Ndululu cannot claim it exclusively.
Despite attempts at mediation, the Garden Estate rift persists. Various proposals have been tabled, some giving Ndululu life interest, others seeking outright sale and equitable division. Family members acknowledge they reached near-agreement on most parcels, but the widow never signed the partial settlement since the Garden Estate issue remained unresolved.
Beyond property matters, this legal battle revisits highlights of Kivuitu’s life. Known for his legal background, he first gained prominence as a defence lawyer in a high-profile 1971 case tied to allegations of subversion against Mzee Jomo Kenyatta’s government.
He later served as an MP for Parklands (now Westlands) but lost his seat in 1974 by a mere five votes – one of several unsuccessful election bids before shifting focus to his private law practice.
In 1992, President Daniel arap Moi appointed him as Deputy Chairman of the now-defunct ECK.
Following the death of his predecessor, he took over the Commission and oversaw multiple elections, including the tumultuous 2007 polls.
Infamously, he declared, “I don’t know who won the elections,” after announcing Mwai Kibaki the victor. That admission stoked public outrage and was closely tied to the subsequent violence and displacements, marking one of the darkest episodes in Kenya’s political history.
Kivuitu was 74 when he succumbed to throat cancer on February 25, 2013, leaving behind seven children and two widows. For the family, the High Court’s call for negotiation remains a flashpoint, as the status of the Garden Estate home continues to spark disagreements.
With multiple lawyers arguing longstanding rights and marital claims, the next court decision could reshape future inheritance norms in cases involving polygamous marriages and jointly owned properties.
