The court has approved a consent agreement by the majority of Naivasha tycoon Fai Amario’s children, acknowledging Ms. Salome Wanjiku as a beneficiary of his Sh760 million estate.
In his ruling, Justice Samuel Mohochi dismissed an application by Marsha Dee Amario, one of Amario’s children and the co-administrator of the estate, who opposed the inclusion of Ms. Wanjiku as a beneficiary.
Ms. Dee contended that Ms. Wanjiku was not a spouse to her late father but rather a girlfriend who had only parented a child with him.
“The relationship was not a marriage recognisable under the Kenyan law.” Ms Dee submitted.
The Estate’s co-administrator also objected to the inclusion of another child, Sheilla Wangare, arguing that her mother had remarried and she was not her father’s biological daughter.
Justice Mohochi, however, ruled that these objections indicated dysfunctionality in the administration of Amario’s estate.
The judge observed that Ms. Dee seemed to oppose all joint proposals made by her co-administrators, Miki Ng’ang’a, and Sheena Euston. The court stated that it would align with the majority of the beneficiaries based on the principle of the balance of convenience.
The court criticized her for not considering the perspectives of the other majority parties.
“Salome Wanjiku Mwangi and Debbie Jolly Amario, are hereby regarded as beneficiaries of the deceased estate, pursuant to the Summons for Rectification of Grant dated May 4, 2022,” ruled justice Mohochi.
As per the proposals adopted by the nine beneficiaries, Ms. Wanjiku is entitled to five percent of the estate.
The remaining nine beneficiaries of the estate comprise Miki Ng’ang’a, Bernice Njeri, Debbie Jolly, James Kimani, Dee Marsha, Sheena Euston, Yuri Gilbert, Sheila Wangari, and a minor.
According to the consent, Mr. Ng’ang’a, Dee, Njeri, Jolly, Kimani, Euston, and Yuri are each entitled to 11.85 percent of the estate, while the minor will receive 6.05 percent. Ms. Wanjiku is allocated 5 percent, and Wangari will receive 6 percent.
Amario(born Peter Njoroge) was a winemaker and the founder of Fai Amarillo Ltd, one of the indigenous alcohol distillers. He left behind a Winery worth an estimated Sh500 million and Den Hotel, both located in Naivasha, worth Sh94.75 million.
His former residence in Naivasha is appraised at Sh16.5 million, and he owned a homestead in Naivasha worth Sh75.65 million.
Additionally, he owned two plots in Naivasha town valued at Sh44 million and trading centers in Naivasha and Embu worth Sh7.1 million. The undeveloped land in his possession is estimated to be worth Sh117.6 million.
Amario’s life was marked by controversy, frequently leading to clashes with authorities. In 2005, he served a nine-year prison sentence at Kamiti Maximum Prison for possessing unlicensed guns discovered on his compound.
He also faced arrest by the Flying Squad, who raided his compound under suspicion of murdering his wife, Sarah Wanjiru, with suspicions of her being buried in a secret grave.
In 2004, Amario gained notoriety when he published a newspaper advertisement seeking a wife, making headlines at the time.
Upon succumbing to illness in 2010, Amario was laid to rest in a dramatic burial ceremony that he had meticulously planned. Notably, he was interred in a gold coffin that he had personally acquired for himself.
