Bernice Mbugua @BerniceMuhindi
The late veteran politician Kenneth Matiba’s widow and his two children now want the court to substitute Matiba’s name with theirs in the Sh978 million compensation claim.
Edith Wanjiru Matiba and children Susan Wanjiku Matiba and Raymond Njindo Matiba want the name of Kenneth Matiba be substituted with their names in their capacity as personal representatives of Matiba.
Matiba had been awarded Sh978 million compensation but it increased to Sh1.5 billion on account of accrued interest and the judgment is now at execution stage.
The former minister died on April 15, 2018 and the three were granted letters of administration of his estate.
They claim their late father’s lawyer John Mburu has applied to be joined as an interested party for purposes of pursuing his legal fees against the Attorney General in the petition.
According to them, this will leave Matiba’s estate unrepresented or under-represented.
“It is in the interest of justice and the best interest of the estate of Matiba, that the deceased petitioner name is substituted with his personal representatives so that they can pursue the payment of the decretal sum as well as attend to the claim for legal fees and pursue the costs awarded to the petitioner,” stated their lawyer Peter Waiyaki in court documents.
The three further argue that all rights and liabilities of Matiba arising in and from the petition rest exclusively in the personal representatives.
The High Court in May stopped further payments to the hero of multiparty politics, pending the determination of a lawsuit filed by Mburu.
Mburu told the court the government had quietly paid Matiba’s family Sh200 million behind his back yet he was the lawyer who successfully prosecuted the matter.
Matiba’s lawyer accuses the family of planning to deny him 50 per cent of the compensation amount, as required by Advocates Remuneration Order.