Mombasa widow ordered to share wealth with husband’s ‘baby mamas’
The assets include properties in Mombasa and Taita Taveta counties.
A widow will administer the estate of her husband, valued at Sh54 million, alongside two other women who were not legally married to him.
The assets include properties in Mombasa and Taita Taveta counties.
Despite the Family Court in Mombasa finding that the two women were not legally married to the man, Justice Gregory Mutai concluded that they should also administer the estate on behalf of their children.
“Letter of administration intestate to issue forthwith to CWM, AA and KM,” the judge said.
The court added that a continuing trust in favour of the children is established by law, making the two women the most suitable individuals to protect their children’s interests.
Marriage certificate
Justice Mutai rendered this ruling while rejecting an objection raised by KM against the grant application, arguing that she was entitled as she was married to the man.
KM went to court to challenge the issuing of the management documents, stating that she was the man’s dependant and the mother of his two children.
She contended that she was intentionally excluded from the letters of administration application despite being a rightful beneficiary of the estate.
The woman told the court that she was the man’s second wife through customary marriage.
“The petitioners have intentionally misled and misrepresented this court by including a child who is neither the biological nor adopted child of the deceased,” she said.
The woman added that the child was only adopted by the widow long after the man’s death and “is not a legally recognised beneficiary of the estate”.
She said her property was inaccurately listed as part of the man’s assets when it did not belong to the estate.
According to her, the widow violated an agreement made by the family regarding the distribution of the wealth.
However, the widow objected to including KM in the property, saying she was the man’s only legal wife.
To support her argument, the widow provided a certificate showing that they were married more than 15 years ago.
