Former ECK Chairman Kivuitu's Family Locked in Bitter Inheritance Battle Over Estate Properties

Nearly a decade after the death of Samuel Mutua Kivuitu, the former Chairman of the Electoral Commission of Kenya (ECK), the High Court has ordered his family to engage in direct negotiations to resolve a protracted inheritance dispute.

The core conflict centers on the equitable distribution of Kivuitu's estate, primarily consisting of real estate holdings, between his widow, Priscilla Ndululu, and his children from his first marriage to Mary Ann Matanu Kivuitu. Justice Stephen Riechi's directive calls for the parties to compile an inventory of assets for which distribution agreements have been reached, explicitly excluding those still under contention.

While previous mediation attempts have failed, the family remains divided, particularly over a valuable property in Garden Estate. The Garden Estate property has become the focal point of the dispute. Ndululu argues that the property should be considered matrimonial property, rightfully belonging to her as the surviving spouse, as it served as the family home for decades.

Conversely, some of Kivuitu’s children from his first marriage contend that the property should be considered part of the overall estate and divided equally among all beneficiaries. This position is supported by previous court rulings related to the dissolution of Kivuitu's first marriage, which recognized the first wife's claim to shared ownership of assets acquired during that union.

In addition to the Garden Estate property, other disputed assets include farms located in Kwa Macheli and Kwa Ndeto. Despite various proposals, including allocating specific properties to individual family members and establishing trusts managed by select individuals, no consensus has been achieved. Legal representatives for Kivuitu’s children have expressed concerns about the proposed distribution models and emphasize the need for a more equitable approach that accounts for the complexities of family dynamics and the nature of the assets.

The children from his first marriage have particularly opposed Ndululu's claim to sole ownership of the Garden Estate property, citing its acquisition history and their mother's prior stake in the asset. As the legal battle continues, the court’s decision to order direct negotiations represents a renewed effort to find a mutually acceptable solution.