From the grave to the courts: The vicious battle for the soul of ex-Malava MP Soita Shitanda’s wealth

The late former Housing minister and Malava Member of Parliament Soita Shitanda’s soul may not be able to rest peacefully, any time soon, as is expected.

This follows a protracted fight over his estate pitting his widow, Betty Glorious Soita on one side and some of his children and their mother on the other side over his property valued at over Kshs100 million.

In court battle succession case 1520 of 2016 in the matter of of Peter Soita Shitanda (Deceased), whereby the widow, Betty Glorious Soita, while giving her testimony on October 15, 2024 expressly disowned children of the late minister born to the late minister’s second wife Agnes Nduku.

The widow informed the court that she did not recognise Candy Soita and Brandy Soita as children of her late husband even though, she admitted that her husband took care of them while he was alive and catered for their needs including paying school fees for them untill his demise in 2016.

In the case, Candy who is now based in the United States, presented her evidence on her behalf and that of her brother Brandy Soita, pleading with the court to recognise them as part of lawful beneficiaries while at the same time seeking to be made co-administrators, a request Betty vehemently opposed.

Candy maintained that Soita Shitanda was his biological father and had known that throughout her life.

In the evidence she tendered in court Betty, her son Terrence Shitanda, and brother in-law Ngaira Shitanda, sought the exclusion of the late minister’s other children namely Candy and Brandy Soita to their late father’s wealth.

In a letter dated May 11, 2017 from the area chief of Matioli location Daniel Chimuche only recognised children of the deceased with Betty and not other children born out of wedlock or other marriages.

This prompted Candy’s lawyer to seek answers from Betty and she was at pains to explain why she deliberately omitted them from this crucial document, yet she has known them all along.

In her evidence, Candy accused Betty of squandering property of their father by selling it even before succession was concluded and wondered why the estate of his father had only been estimated at Kshs70 million indicating to the court that several other prime properties had intentionally been omitted with no plausible explanation being given.

Betty on her part shocked the court when she indicated that Candy and Brandy had been omitted in the eulogy of their father by Ngaira Shitanda, who prepared the same and therefore she was bound by what her in-law had decided in disowning the two children.

Candy and Brandy presented evidence of their birth certificates bearing the name of their father Peter Soita Shitanda further providing receipts of school fees that their father paid for them throughout until his demise in 2016.

The matter is set for ruling on February 11, 2025.

In another related matter, the Environment and Land court sitting in Bungoma, ELC number 004 of 2022, issued a judgement on May 9, 2024 in a matter filed by Betty Glorious Soita on behalf of the estate of the late MP against Kabras Farm Limited, Agricultural Finance Corporation and George Malumasi affirming that the suit land belonged to the company in question and not to any individual directors.

The lawsuit by the widow sought to secure full ownership and administration of the estate accusing the three of trespass and encroachment on the parcel of land, Bungoma/Kabuyefwe /271, situated in Pwani scheme Bungoma county.

Court documents seen show that the widow of the late minister was the first to go to court and sued a company known as Kabras Farm Limited and one of its directors George Malumasi seeking an eviction and declaratory orders that the suit land belonged to the estate of the deceased.

The late Shitanda held 50 pc shares in Kabras Farm Limited while his co-director George Malumasi also held 50 pc shares in the same company.

But the widow sought exclusive ownership of the land to the exclusion of the company and surviving director.

The suit was dismissed and she was slapped with the Kshs1.3 million as the cost and trespass after the company filed a counterclaim that was successfully accepted by the court which gave an eviction order in favour of Kabras Farm Limited.

In the ruling, the Court recognised that a company is a separate entity from its shareholders and directors and was categorical that in the strict sense of the law, the suit land belonged to the company and therefore the widow or servants lacked rights to the same at individual capacity and were termed trespassers.

In the ruling, the court said that their claim if any should be in the 50pc shares of the late minister Soita Shitanda which remain unallocated and should be distributed in the ongoing succession matter.

In the court documents, it was confirmed that Betty Glorious Soita had illegally used the police to gain possession after the passing on of her husband in 2016 and had severally instigated arrest of surviving director George Malumasi whenever he tried accessing and utilise the land on behalf of the company.

Efforts to mediate or negotiate collapsed as the widow insisted that the property belonged to her husband alone.

This matter is at the Court of Appeal in Kisumu pending determination.

Kabras Farm Limited and George Malumasi are represented by lawyers Edgar Busiega and Prof Waziri Omollo while Betty Glorious Soita is represented lawyers Prof Ogado, Prof Jack and Denis Chesoli.