The division of the late former Attorney General James Boro Karugu’s multibillion‑shilling estate has been thrown into doubt, after state prosecutors approved forgery charges linked to a contested will and trust deed.
At the centre of the dispute is a written will and settlement trust deed dated April 2, 2014, which is being used to determine how the vast Karugu estate will be shared.
The estate includes prime real estate, company shares, and business interests that employ hundreds of people.
ODPP Flags Key Documents
According to a letter dated January 22, 2026, addressed to the Office of the Director of Public Prosecutions (ODPP), investigators concluded that the key testamentary documents were forged.
The letter states that both a privately engaged forensic document examiner and experts from the Directorate of Criminal Investigations (DCI) independently examined the documents and reached the same conclusion, that the will and trust deed were not genuine.
“It should be noted that in support of our client’s complaint, she provided a reputable privately retained document examiner’s report, which established the obvious forgery of both the impugned Will and Trust dated 2nd April 2014. In the course of investigations, the DCI conducted its own independent examination and arrived at the same conclusion,” read the letter by the ODPP.
The ODPP letter shows that investigations into the suspected forgery began following formal complaints lodged in 2023 and 2024.
After months of inquiry, the DCI compiled an investigation file and forwarded it to the ODPP in November 2025.
Prosecutors reviewed the file and, in December 2025, directed that criminal charges be brought.
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The recommended offences include forgery of a will, uttering false documents, and conspiracy to defraud, all of which are serious crimes under Kenyan law.
Delays and Resistance in Karugu Estate Investigations
The letter also raises concerns about delays and resistance during investigations.
It states that investigators faced prolonged difficulty accessing the original documents required for forensic examination.
In succession matters, original wills are expected to be deposited with the court, but investigators were allegedly denied access for an extended period.
The ODPP suggests this delay slowed down the criminal process even after investigators had concluded that the documents were forged.
“This will not be the first time that there has been interference with, or obstruction of, the progression of investigations in this case. The other instance on record is when the DCI issued a notice requiring the production of the original Will of the Deceased in order to subject it to forensic examination. After almost three years of refusing to submit the original documents, the originals were only finally delivered to the DCI, despite the requirement that original testamentary documents be lodged in court,” read part of the letter by the ODPP.
As the criminal case neared court, those facing possible charges moved to the High Court and obtained temporary orders stopping their arrest and prosecution.
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They argued that the criminal case should wait until the succession court first decides whether the will is valid.
A constitutional petition was filed, and conservatory orders were issued pending further hearings.
ODPP Stands Firm
However, the ODPP letter strongly disputes the push to pause prosecutions until the succession court rules on the will’s validity.
It cites Section 193A of the Criminal Procedure Code, noting that criminal and civil matters may proceed concurrently and that the existence of a related civil dispute shall not be a ground for any stay, prohibition, or delay of the criminal proceedings.
The letter further argues that probate courts routinely rely on forensic examiners for authenticity determinations, stressing that questions of alleged forgery belong in the criminal process and should proceed despite the ongoing succession case and interim conservatory orders.
Until the authenticity of the will is resolved, beneficiaries cannot agree on control, management or distribution of assets.
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