INSIDE NDERITU GACHAGUA SH696M ESTATE BATTLE: EXECUTORS BREAK SILENCE ON DISINHERITANCE ALLEGATIONS

For nearly a decade, the estate of the late James Nderitu Gachagua who passed away in London on 24th February 2017 has been administered quietly, lawfully, and largely without public controversy. That silence was shattered recently by a wave of inaccurate and misleading media reports, forcing the estate’s Executors to break their silence.

In a detailed nine-page statement dated 7th April 2026, the Executors Mwai Mathenge, former Deputy President Rigathi Gachagua, and Senior Counsel Njoroge Regeru have set the record straight stating no forgery occurred. No one was disinherited. And the beneficiaries have received their sharessome totalling over KSh 150 million each.

James Nderitu Gachagua executed his Will on 17th February 2017, just one week before his death at the Royal Marsden Hospital in Chelsea, London. The Will, drafted by Njoroge Regeru & Company Advocates, named 23 beneficiaries including his mother, two wives, children, siblings, and other relatives.

The Will contained a strict provision in Article 7: “I direct that if any of the above listed beneficiaries raises any challenge to the stated mode of distribution, he or she shall be disqualified automatically from inheriting any part of my estate.”The Will was read on 11th March 2017 in the presence of the widows and all adult children. Probate was granted by the High Court on 10th July 2017, and the Grant of Confirmation was issued on 21st March 2018. Every beneficiary signed the application for Confirmation of Grant.

Despite the court’s confirmation, public allegations have persisted chiefly forgery, manipulation, disinheritance, and undervaluation of assets. According to the Executors, not a single beneficiary has challenged the Will in court on any of these grounds in nearly 10 years.

Two applications were filed in 2021: An application for substitution of Executors and An application for dependency both were dismissed by the High Court on 26th October 2021 and 18th March 2023 respectively. The court affirmed the Executors’ diligence.

In 2024, the estate was dragged into the impeachment proceedings of then-Deputy President Rigathi Gachagua, who serves as an Executor. The Executors filed detailed submissions before the National Assembly on 5th October 2024. The allegations were not proved.

The estate was highly indebted approximately KSh 1.07 billion owed to banks and other creditors. The Executors negotiated waivers on interest and penalties, then sold key assets throughprivate treaty sales after aggressive marketing failed to meet reserve prices.

Here is what the properties actually sold for:

From these proceeds, debts were settled, and the net surplus was distributed  among the beneficiaries:

In addition, the first wife Margaret Nyokabi received benefits totalling approximately KSh 72 million, while the four adult children from the first wife each received over KSh 150 million in total benefits. Not everything was sold. The Lang’ata View Apartments were distributed directly to beneficiaries, with a total value of KSh 696 million. Notably, the beneficiaries received KSh 53 million above their entitlement under the Will thanks to diligent administration and cost savings by the Executors.

Lusoi Plots in Nyeri and motor vehicles were also distributed in-kind, with full schedules provided to all beneficiaries. Beyond inheritances, the estate paid regular maintenance allowances and school fees. Between 2017 and 2024, the estate disbursed over KSh 92 million in allowances and bills:

The estate administration is not yet fully finalised. Three major matters remain pending: An appeal in the Court of Appeal regarding a claim by an estate company against a public entity for construction work completed in 2008. KSh 47.5 million awaited from SBM Bank Limited as refunds to depositors of the defunct Chase Bank. KSh 58 million in unsettled claims for construction work done for the Government of Kenya. Once these are resolved, final estate accounts will be prepared and submitted to court.