2 July 2009
Nairobi — Scores of sympathisers of former minister Gerishon Kirima Thursday shouted obscenities at one of his son's while accusing him of betraying the family's trust.
While heckling 52-year-old John Wanjau, the group at one time turned nasty forcing the "rebel" son to retreat to one of the courtrooms. Mr Wanjau, his father, other children and the group had left the courtroom after the mention of a case he (Wanjau) has filed against his father.
After being heckled, Mr Wanjau remained in the courtroom until the group left the Milimani Commercial Courts singing in praise of Mr Kirima.
"Kuja karibu uone," (dare approach us and see what will happen) they threatened.
As they shouted, the former Starehe legislator meanwhile chatted with former minister Maina Kamanda. Mr Kamanda had also emerged from another court for the hearing of his election petition. Mr Kamanda was ousted from the Starehe seat in the last General Election.
In the Kirima case, Mr Wanjau has raised complaints as regards to his father's mental health.
The 52-year-old son alleges that his father is old and has "senile dementia" and therefore should not be solely in charge of the five properties in question.
He is seeking an order from the court to make him a partner in collection and preservation of rental and other income-generating properties belonging to the family.
Mr Wanjau further says that all along, he was in partnership with his father and he did not see any reason why the old man should alienate him when it comes to management of family properties.
Mr Kirima, aged 78, on his part has dismissed allegations by his son and insists on being in-charge of the family estate.
When the case up for hearing before Lady Justice Jessie Lesiit on Wednesday, both parties agreed to adjourn the matter to another date. This they said, was because there was a ruling pending before the Family Division of the High Court that will have a bearing in the case.
Mr Kirima, through his advocate David Oyatta, has maintained that he is mentally upright and in control of his actions in relation to the suit.
He accuses his son of failing to disclose material facts to court in relation to the properties he is attaching claim. The elderly man is asking the court to dismiss the suit.
In his suit papers, Mr Kirima, who has 12 children and 42 beneficiaries, challenges Mr Wanjau to work hard and acquire his own wealth instead of dragging him to court over what he had not worked for.
The former MP says the wealth in question was acquired before his son was born, adding that his son had no legal right to claim anything in relation to partnering and the properties. Another son, Stephen Kamau has filed another suit seeking court's permission for the elderly man to be taken to hospital for examination.
In the suit, Mr Kirima accuses Mr Kamau of trying to violate his rights.
Making an application before Lady Justice Kalpana Rawal, the elderly man said that through proceedings in court, his son, seeks to deprive him of his rights to own property.
He argued that the Constitution allows him to acquire and own property, and plans by his son to appoint an administrator his estate, on allegations that his mental health was deteriorating, was unlawful.
Mr Kamau moved to court early last month seeking orders for a doctor to examine the elderly man. He argued that it was in his father's interest and that of his siblings, for the estate worth Sh750 million to be administered by a guardian, a lawyer or law firm. The former Stahere MP, however, contested the move. He argued through lawyer George Oraro that the court lacked jurisdiction to grant orders sought.
Mr Kirima accused Kamau and his sister Bishop Jane Gathoni of going to his home in Kitsuru and forcibly removing with plans to subject him to mental check up.
He said if allowed, the application by his son would also violate the provisions of the Mental Health Act.
In reply, Mr Kamau through lawyer Githu Muigai said he only sought orders for a doctor to access his father and not for the elderly man to be taken to a hospital. He argued that all his plans were done in the best interest of his father, siblings and beneficiaries. Mr Kirima successfully argued for orders requiring a doctor to examine him stopped.
According to the former minister, he still had the full capacity to determine a doctor of his choice and not one proposed by his son.
Lady Justice Rawal extended the orders until July 10 when she will deliver her ruling.
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