Lawyer Cecil Miller Sued By His Own Brother Over Sh42 Million Debt

A bitter family dispute has erupted in Kenya’s legal circles after prominent city lawyer Cecil Guyana Miller was dragged to court by his younger brother over an alleged Sh42 million debt stemming from the sale of inherited family property in Nairobi’s upmarket Kilimani area.

Joseph Ethelwood Miller has filed a lawsuit at the High Court in Nairobi seeking to recover what he claims are proceeds owed to him from the 2022 sale of Galana Properties Limited, the family company that owned a residential property known as Maple Court along Galactico Road.

The property was sold for Sh190 million, with the proceeds intended to be split equally among the late Chief Justice Cecil Henry Ethelwood Miller’s heirs.

However, Joseph alleges that his elder brother Cecil, who managed the sale as a trusted family member and respected advocate in Nairobi, has withheld his rightful share.

According to court papers filed in September 2024, Joseph claims Cecil acknowledged the debt in writing, confirming that Sh42 million remains outstanding. Despite this admission, Cecil has allegedly refused to settle the amount.

The case has drawn attention not only because of the substantial sum involved but also due to the standing of the parties in Kenya’s legal fraternity.

Cecil Miller is the eldest son of the late former Chief Justice Cecil Henry Ethelwood Miller, who served on the bench between 1986 and 1999, a towering figure in the country’s legal history.

In his defense, Cecil has filed a counterclaim arguing that the actual debt is significantly lower.

He insists the correct amount owed is Sh37 million, not Sh42 million, and has accused his brother of attempting to inflate the figure.

Cecil’s lawyers, in a letter dated September 10, 2024, outlined what they describe as legitimate deductions from Joseph’s share, including expenses personally incurred on behalf of the family and costs related to other family properties and construction work in Kikambala.

Cecil has also moved to amend his original suit, seeking leave from the court to introduce a counterclaim of Sh5 million.

His legal team argues that Joseph allegedly owes him this amount, which should be offset against any outstanding debt.

The lawyers further contend that Joseph’s admissions in court pleadings and witness statements meet the legal threshold for the court to issue judgment on admission under Order 13 Rule 2 of the Civil Procedure Rules, a provision that allows for expedited trial when facts are not in dispute.

But Joseph’s legal representatives have pushed back forcefully, describing these maneuvers as an attempt to delay justice.

They argue that Cecil is acting in bad faith and that the matters he seeks to introduce are entirely different from the original dispute and should be determined in a separate forum.

They have asked the court to dismiss Cecil’s application to reduce the debt and instead grant judgment in Joseph’s favor for the full Sh42 million.

The lawsuit centers on the proceeds from Galana Properties Limited, the family company established by the late Chief Justice.

When the Kilimani property was sold in 2022, it was understood that the substantial sum would be divided among the Miller siblings.

Joseph alleges that while some payments were made, a significant portion was retained by Cecil without proper justification.

Legal observers note that family disputes over inheritance and property sales are common in Kenya, but cases involving prominent legal families rarely spill into public courtrooms.

The Miller case is particularly striking given the family’s deep roots in Kenya’s judicial system and the late Chief Justice’s legacy of upholding the rule of law.

The dispute also highlights the complexities that can arise when family members manage shared assets and financial transactions on behalf of relatives.

Joseph’s claim that Cecil has made unequivocal admissions both in pleadings and witness statements is central to his push for a swift judgment without a full trial.

Such admissions, if proven, could significantly strengthen his case.

As the matter proceeds through the High Court, both brothers remain entrenched in their positions.

The court will now have to untangle competing claims about the true value of the debt, the legitimacy of various deductions, and whether Cecil’s proposed counterclaim is a genuine dispute or a delaying tactic.

The case is expected to be closely watched within Kenya’s legal community, not only for its outcome but also for what it reveals about how even the most distinguished families can find themselves locked in painful and public battles over money and property.

For now, the Miller brothers, who share a prestigious legal heritage, find themselves on opposite sides of a courtroom, each seeking justice as they see it.