State defends decision to prosecute family members of ex-AG Karugu

The State has defended its decision to prosecute family members and associates of the late former Attorney General James Boro Karugu, saying investigations uncovered compelling evidence of forgery linked to his alleged last will.

In a replying affidavit filed jointly by the Directorate of Criminal Investigations (DCI) and the Office of the Director of Public Prosecutions (ODPP), investigators said the decision to charge the suspects is based on forensic document examination findings and witness statements collected during investigations.

Seven petitioners, relatives and associates of the late Karugu have moved to court seeking to stop their impending prosecution.

The criminal complaint was filed by Karugu’s sibling, Victoria Nyambura Karugu.

The petitioners are Eric Mwaura Karugu, Benjamin Githara Karugu, Jane Wangechi Kabiu (also known as Jane Kabiu Gitau), William Kimani Richu, Peter Mbuthia Gachuhi, Eliud Mwaura Gatambia, and Joshua Mwaura Kimani.

In an affidavit sworn by Chief Inspector Duncan Maina of the DCI’s Economic and Commercial Crimes Unit, forensic document examiners concluded that initials appearing on the disputed will and a related trust deed were forged.

He also alleges that the page number on the execution page of the will had been deliberately concealed, which they say indicates ill intent and possible falsification.

The dispute dates back to November 2022 following Karugu’s death.

Later that month, the third petitioner, Jane Wangechi Kabiu , then serving as company secretary for the family’s business interests under Mathara Holdings Limited allegedly convened a meeting at Elysian Resort in Kiambu.

During the meeting, she reportedly presented documents said to be Karugu’s last will and a trust deed establishing the JBK Foundation, both dated April 2, 2014.

Suspicion arose after Victoria Nyambura Karugu reportedly noticed grammatical errors and misspellings of familiar names and places in the documents.

She questioned how documents allegedly prepared for a seasoned lawyer could contain such errors and reported the matter to police in June 2023.

According to Maina, several of the petitioners were involved in the preparation and presentation of the documents.

The probe further established that schedules detailing the deceased’s properties, later attached to the will, had been emailed by a company employee to Jane Wangechi Kabiu months before the will’s indicated execution date.

Authorities also state that after initial reluctance by Peter Mbuthia Gachuhi, a partner at Kaplan & Stratton Advocates, to release the original documents, certified copies were first examined before the originals were later subjected to forensic analysis.

The final forensic report concluded that the initials attributed to Karugu were forgeries.

The affidavit further alleges that Eric Mwaura Karugu and Mbuthia Gachuhi were present when a forensic examiner identified the concealed page number and appeared to have prior knowledge of its existence.

The DCI and ODPP maintain that criminal proceedings can run concurrently with civil matters, citing provisions of the Criminal Procedure Code that allow parallel civil and criminal processes.

The petitioners, however, argue that the intended prosecution amounts to an abuse of process and violates their constitutional rights.

The State has rejected the claims, insisting that its constitutional mandate to investigate and prosecute crimes is independent of succession proceedings.

“The Succession Court has no competence or capacity to conduct a criminal investigation, conduct a forensic document examination or undertake a prosecution for crimes under the Penal Code,” the affidavit states.

The ODPP has recommended forgery-related charges against the first petitioner and the third to seventh petitioners. The second petitioner, Benjamin Githara Karugu, is not facing prosecution.