Vituko Mitaani

Hardly a month after his death, divisions have erupted in the family of the late First deputy prime minister Eriya Kategaya, over who becomes the administrator of his estate.

Ms Gwennie Kategaya, a sister of the deceased, his wife and children have now taken their fights to Nakawa Magistrate’s Court after failing to get letters of administration from the office of the Administrator General.
According to sources from within the family, Mr Kategaya’s sister is opposed to the idea of the first widow Joan Kategaya as part of any family arrangement to manage the deceased’s estate because she had been separated from him for many years before his death. This move, according to family sources, has thrown the children into fear and panic, scores of them still in need of school fees.

Kategaya’s eldest son, Julius Banshetsya Kategaya, the would-be heir, was not available for comment but his application for a letter of administration, was slapped with a caveat by his aunt.
Court documents show that Joan and her son on April 8 applied for letters of administration as widow and son for property amounting to approximately Shs400 million.

The property includes five acres of land and a house in Itojo, Ntungamo District, three acres at Mpanga, Ntungamo, 150 acres at Kataraaka Ruhaama, three square miles of farm land at Kabula, Lyantonde District, two acres at Nyeihanga Ntungamo, about 600 cattle, 100 goats, two vehicles and personal effects.

The widow states that the death certificate, which is a prerequisite for processing letters of administration, is missing. “Authorities at Nairobi Hospital gave us the certificate but owing to the confusion, we seem to have misplaced it and all efforts to get it have not yielded fruit.”

One of the children, who talked on condition of anonymity, said they were told the will and certificate were with a family friend and would be revealed to the family after 45 days from burial. The days end on May 18.
Joan also attaches on her petition a marriage certificate, names their five children, as evidence that she is the legal wife. She, however, inserts a disclaimer that Kategaya could have left other unknown children, who would be considered when identified.

However, even after adducing evidence, her sister in law, Gwennie is not giving up her fight. She moved to the same court, eight days later and slapped a caveat on the application.

In her affidavit, she states that not all the said property belonged to the deceased, and that she co-owns some of the said property. She, however, does not specify which of the property are co-owned. She also states that Joan is not the only widow of the deceased.

At the burial, Julius is said to have publicly declared that he was not interested in the estates of his father and this is also adduced as evidence in Gwennie’s application. However, a close relative, who talked to the Sunday Monitor punches holes in the application, saying Julius’ statements were out of deep emotion.

Another area of contention- expected to be solved at the will reading ceremony - is the matter pertaining to the money collected at the funeral since all expenses were paid for by the government. Individuals, including Kenya President Uhuru Kenyatta and President Museveni gave the family money but the children claim it has never reached them. Court is yet to set a date to hear the case from both sides.