Probe Reveals Son, Lawyer Forged Former Attorney-General James Boro Karugu Will In Bruising Succession Court Battle

A criminal investigation has uncovered shocking details of an elaborate forgery scheme involving the will and trust deed of former Attorney General James Boro Karugu, with his own son and a lawyer among six suspects accused of orchestrating the fraud.

Prosecutors and detectives have laid bare damning forensic evidence revealing that documents presented as the final testament of the late legal luminary were fraudulently assembled through a sophisticated cut-and-paste operation, designed to wrest control of an estate valued at hundreds of millions of shillings.

The sensational revelations emerged in court papers filed by the Director of Public Prosecutions and the Directorate of Criminal Investigations, who are fighting to proceed with criminal charges against Eric Mwaura, Karugu’s son, lawyer Peter Mbuthia Gachuhi, and four others accused of conspiracy to defraud.

At the heart of the controversy is a will dated April 2, 2014, which mysteriously surfaced weeks after Karugu’s burial in November 2022. The document, presented alongside a trust deed establishing the JBK Foundation, has torn the family apart and triggered a bitter succession battle over prime properties, Treasury bonds worth Sh404.7 million, nine vehicles and substantial shareholdings in blue-chip companies.

Chief Inspector Duncan Maina, in a hard-hitting affidavit defending the prosecution, detailed how forensic examiners discovered the questioned documents bore hallmarks of manipulation that would have been inconceivable for a man of Karugu’s meticulous legal standards.

“The impugned Will and Trust Deed as presented bear several drafting concerns that do not resonate with professional standards of a man of the stature of the deceased, an impeccable lawyer and second Attorney General of the Republic of Kenya,” the affidavit states.

Investigators noted glaring irregularities including grammatical errors, arithmetic mistakes, spelling blunders and erratic page numbering that suggested the documents had been assembled from multiple sources. The execution page allegedly bore deliberate obscurity concealing its number, raising red flags about tampering.

But perhaps most damning was the forensic finding that initials appearing throughout the contested documents were forgeries, and that the signature page had been fraudulently attached to create an appearance of authenticity.

The scandal erupted after Victoria Nyambura, Karugu’s daughter, raised alarm bells about documents she insists were unknown during her father’s lifetime. Nyambura, who says she managed her father’s affairs after he developed dementia, dismissed the 2014 will as a fabrication riddled with errors uncharacteristic of the former AG’s precision.

She maintains that a 2010 will drafted by Patel & Patel Advocates reflected her father’s true wishes, and her complaint to police set in motion investigations that would expose what prosecutors describe as a coordinated plot.

The probe by the DCI’s Economic and Commercial Crimes Unit revealed troubling contradictions. Witnesses gave conflicting accounts of the contested will’s execution, with some admitting they signed on different days. Crucially, none could confirm witnessing the settlor or other trustees sign the document, a fundamental requirement for valid execution.

Karugu, who served as Attorney General from 1980 to 1981 under President Daniel arap Moi’s government, was celebrated as Kenya’s most independent-minded AG, leaving public office without scandal. His death at 86 marked the end of an era, but his legacy has been tainted by the ugly family feud over his wealth.

The estate under contention includes prime properties scattered across Nairobi, Kiambu, Nakuru, Murang’a and Kwale, a commercial building in Nairobi’s CBD, and control of firms under Mathara Holdings Ltd. The stakes could not be higher.

Besides Eric Mwaura and lawyer Gachuhi, those facing forgery charges include Jane Wangechi Kabiu, William Kimani Richu, Eliud Mwaura Gatambia and Joshua Mwaura Kimani. Three are executors of the disputed will, while others allegedly played roles in orchestrating or witnessing the handover.

The suspects secured conservatory orders from the High Court in January, halting their prosecution on grounds that criminal proceedings would prejudice a pending succession case in the Family Division. But prosecutors have hit back hard, insisting forgery is a criminal offense under the Penal Code and the Law of Succession Act that can be prosecuted alongside civil proceedings.

The DPP and DCI deny allegations of bias, pointing out the case stemmed from an independent complaint and forensic examination. They warn that delaying criminal charges risks evidence degradation and erodes public trust in the justice system.

“The Petitioners worked in cahoots with each other to plot and execute the falsifications,” the replying affidavit states bluntly, adding that the discharge of lawful duties by prosecutors respects the Constitution.

The investigators have urged the court not to usurp prosecutorial independence, arguing their actions neither interfere with succession proceedings nor violate constitutional rights.

As the legal drama unfolds, the case has exposed the dark underbelly of succession battles among Kenya’s elite, where family bonds fracture under the weight of inherited wealth and allegations of document forgery threaten to destroy reputations built over decades.

The constitutional petition challenging the prosecution will be heard later this month, while the succession case is scheduled for March. For now, the ghost of James Boro Karugu, a man who embodied legal excellence and integrity, hovers over courtrooms where his name has become synonymous with one of Kenya’s most sensational inheritance scandals.