According to a post on X by Cyprian Nyakundi, former EACC chairperson Mumo Matemu is in court over a Ksh 100 million succession dispute involving the estate of his late brother, Kata Matemu Kithyo, who died on April 18, 2024.
The case has taken a dramatic turn after Matemu’s niece, Melany Mwelu Kithyo, accused him of attempting to interfere with the inheritance process and disinherit rightful beneficiaries. She claims that some of the people listed as administrators and beneficiaries are complete strangers to the family, raising suspicions of fraud and manipulation.
Melany has further alleged that her mother, Prisca Mukethe Kithyo, was deliberately excluded from the inheritance and later arrested in December 2024 in what she describes as a scheme to frustrate her attempts to claim her rightful share.
Ms. Kithyo, 71, was reportedly detained on December 17, 2024, and taken to Msambweni Law Courts, where she was accused of interfering with the administration of the estate.
However, Melany insists that the arrest was meant to intimidate her mother and block her from fighting for what belongs to her.The estate in question is valued at approximately Ksh 100 million and includes several assets spread across different locations.
Among them are two hotels at the coast, one of which is in Diani and generates a monthly income of Ksh 150,000. The estate also comprises parcels of land in Machakos and Kwale, a matrimonial home in Athi River, funds in three bank accounts, M-Pesa balances, shares in two companies, two motor vehicles, and livestock.
A grant of letters of administration for the estate was issued on August 23, 2024, four months after Kata Matemu Kithyo’s death. However, Melany has moved to court to challenge the grant, arguing that it was obtained fraudulently.
She claims that she and her family were not consulted in the selection of the administrators, one of whom, Agnes Mororumkweru Kata, is a Rwandan citizen living in Canada. Another administrator, Billy Nzuma Kata, resides in Australia and was not in Kenya when the documents were allegedly signed.Melany has also contested the inclusion of Arriane Rose Okong’o as a beneficiary, arguing that she is not a biological child of the deceased but was born from an affair between her mother and Kata Matemu Kithyo.
She claims the inheritance process was rushed to lock out her family from making any claims and that she, along with her siblings Mark Muinde and Ruth Kavinya, were not consulted before the letters of administration were issued.
According to court documents, the grant was based on a letter dated April 29, 2024, allegedly issued by an assistant chief. However, Melany insists that the letter was fraudulent and that the information came from Isaac Kimeu Kithyo, a person she says is neither a beneficiary nor a personal representative of the estate.
The affidavit supporting the letters of administration lists eight beneficiaries, including Melany and her siblings, but completely omits her mother. She argues that this exclusion is deliberate and meant to cut off her family from their rightful inheritance.
She has also provided proof that her parents were legally married under Akamba customary law in December 1974 and later formalized their marriage in a Christian ceremony on December 25 of the same year.Melany claims that after her father’s death, Mumo Matemu took over the burial arrangements without involving them.
She alleges that the burial proceeded despite a court challenge, making it clear that there were already efforts to keep her family out of the estate matters.
The grant of letters of administration was supposed to be confirmed on March 3, 2025, but due to Melany’s court challenge, the process has been halted.
The case is set for hearing in May, where the court will determine whether the grant was issued fraudulently and if Melany’s family was unfairly locked out of the inheritance.
