Sam Kiplagat
10 November 2009
Nairobi — A son of former MP Gerishon Kirima has asked the High Court to grant him prayers the has sought for the sake of his father and his estate.
According to Mr Stephen Kamau, justice will be met if his prayers in court- for his father to be taken before a doctor for examination- among others are granted.
Mr Kamau further wants the estate, estimated to be worth Sh750 million, to be managed by the law firm of Mohammed Muigai. The son further proposes that his sister Jane Gathoni, his father's wife Teresia Wairimu and himself be appointed guardians of the estate.
"Both his personal welfare and that of the applicant (Mr Kamau) and the estate would not be compromised if the prayers sought are granted," Mr Kamau said through his lawyer Githu Muigai.
He said it was important to re-emphasise that the petition was not about Mr Kirima's properties, since it was not a succession case, but an application for the court to provide for the guardianship of Mr Kirima and his estate in a manner provided by the law.
Prof Muigai told the court that there were two medical reports that were in conflict as regards Mr Kirima's mental capacity.
And with the conflicting reports, it was prudent for another examination be conducted to verify his up-to-date status.
"The applicant is not seeking for himself a personal benefit. He is a person acting in good faith and recognises his 'younger mother'," said Prof Muigai.
In opposing the application, 78-year-old Kirima wondered how the firm of Mohammed Muigai was arrived at. He asked Justice Kalpana Rawal through his lawyer George Oraro to dismiss the case saying Mr Kamau had not brought to court evidence to support his allegations.
Mr Oraro said the case, touching on a person's mental health, was very serious that it required more evidence to support it. He said Mr Kirima was fit and was living with his wife.
Lady Justice Rawal will rule on the matter on December 1.
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