A new development has emerged in the succession and criminal dispute surrounding the estate of the late former Attorney General James Boro Karugu, after Victoria Nyambura Karugu, a sibling to the petitioners, sought to be enjoined as an Interested Party in an ongoing constitutional petition.
Victoria’s Application
Victoria Nyambura, the firstborn daughter of the deceased, argues she is a direct beneficiary of the estate and therefore has a stake in the outcome of the petition. She is also the complainant in Criminal Case No. E644 of 2025, where some petitioners face charges of conspiracy to defraud her through the alleged fraudulent transfer of shares from Mathara Holdings Limited to Centurion Holdings Limited.
Additionally, she cites ongoing investigations under ECCU Inquiry File No. 47 of 2025 into suspected forgery of the deceased’s Last Will and Testament and a Settlement Trust Deed dated April 2, 2014. She contends that the petitioners are attempting to use the constitutional petition to block their arraignment, despite the law permitting parallel civil and criminal proceedings.
State’s Position
The State has opposed efforts to halt the criminal process, arguing that forgery is a criminal offence under the Penal Code and falls squarely within the criminal justice system. The Attorney General emphasized that the Family Court lacks jurisdiction to determine criminal culpability and that succession proceedings do not bar criminal investigations.
Citing Article 157(6) of the Constitution, the State noted that the Director of Public Prosecutions (DPP) has the power to institute criminal proceedings, while Article 157(10) insulates the DPP from external influence.
The Attorney General further argued that the petitioners have failed to demonstrate abuse of power or bad faith, referencing precedents such as:
- Trusted Society of Human Rights Alliance v Attorney General & 2 Others [2012] eKLR
- Republic v Directorate of Criminal Investigation Department & 4 Others Ex parte Edwin Harold Dayan Dande & 4 Others (2016)
- Republic v Director of Public Prosecutions & 4 Others Ex parte Simion Nyamanya Ondiba [2018] eKLR
- Daniel Ndungu v Director of Public Prosecutions & Another (2013) eKLR
According to the State, judicial intervention should only occur where actions are manifestly unlawful or influenced by improper considerations.
What’s Next
The High Court is now tasked with determining whether Victoria Nyambura will be enjoined as an Interested Party and whether the constitutional petition seeking to halt the criminal prosecutions will proceed or be dismissed.
Conclusion
The Karugu estate dispute highlights the complex intersection of succession law and criminal justice in Kenya. With allegations of forgery, fraud, and competing claims among family members, the case underscores the judiciary’s role in balancing civil inheritance rights with the constitutional mandate to prosecute criminal offences.
