DPP wants former AG Karugu's son, two lawyers and pastor behind bars over forged Will

The Director of Public Prosecutions (DPP) and the Directorate of Criminal Investigations (DCI) have asked the High Court to dismiss a petition seeking to halt the prosecution of six suspects accused of forging the will of the late James Boro Karugu, Kenya’s second Attorney General.

Prosecutors allege that two lawyers, a company secretary, a pastor, a son and another individual manipulated key documents — including a purported last will and a trust deed — in an attempt to disinherit Karugu’s children from his multi-billion-shilling estate.

In a replying affidavit filed before the High Court, the DPP and DCI argue that forensic findings reveal falsification and coordinated manipulation of documents that altered control of Karugu’s estate. They urged the court to dismiss the petition, insisting that investigators lawfully uncovered evidence of a calculated scheme to forge the former Attorney General’s last testament.

The suspects are lawyers William Kimani Richu and Peter Mbuthia Gachuhi; Jane Wangechi Kabiu, Karugu’s company secretary; Eliud Karugu Gatambi; Pastor Joshua Mwaura Kimani of the Full Gospel Churches of Kenya in Nyandarua; and another family member.

Karugu, who served as Attorney General from 1980 to 1981, died in November 2022 at his Kiamara farm. Weeks after his burial, a will dated April 2, 2014, and a trust deed establishing the JBK Foundation were presented to family members at a Kiambu hotel.

His daughter, Victoria Nyambura, challenged the authenticity of the documents, saying they had never surfaced during her father’s lifetime and only emerged after his death. Her complaint triggered investigations that culminated in forgery charges.

Chief Inspector Duncan Maina, acting on behalf of the DPP and DCI, highlights alleged irregularities in the documents, including grammatical, arithmetic and spelling errors said to be inconsistent with Karugu’s standards. He also points to pagination anomalies suggesting a cut-and-paste assembly, and states that forensic analysis found the initials on the will and trust deed were forged, with the signature page fraudulently attached.

Investigators further observed what they describe as “deliberate obscurity” on execution pages, concealing page numbers, raising suspicions of tampering. They questioned how a single document could display erratic numbering if properly prepared.

On December 23, 2025, DPP Renson Ingonga approved charges of forgery, uttering false documents, and conspiracy to defraud. The DCI was directed to institute criminal proceedings, secure the original documents, and continue investigations to establish any financial or proprietary benefit arising from the alleged forgeries.

According to court papers, Nyambura told investigators she managed her father’s affairs after he developed dementia. She maintains that a 2010 will drafted by Patel & Patel Advocates reflected his true wishes, describing the 2014 document as “riddled with errors uncharacteristic of his precision”.

Investigators also cite conflicting accounts from witnesses who purportedly signed the 2014 will, some admitting they signed on different days, and none witnessing the settlor or other trustees.

The suspects previously obtained conservatory orders stopping prosecution, arguing that criminal proceedings would prejudice a pending succession case in the Family Division.

The DPP and DCI counter that delaying prosecution risks degradation of evidence and undermines public confidence. “Our actions neither interfere with the succession cause nor violate constitutional rights,” the State says, adding that forgery is a criminal offence that may proceed alongside civil litigation. The affidavit urges the court not to “usurp” prosecutorial independence.

Separately, the DPP has directed further investigations into Eric Karugu over alleged involvement, noting he was found in possession of an unsigned draft will.

Richu, a partner at Kimani Richu & Associates, is among those charged. He is said to have told investigators that after signing the will in November 2014, Karugu fell ill and lived a largely private life until his death in November 2022.

The petition challenging the prosecution is set for a hearing later this month, while the succession case in the Family Division is scheduled for March.