KDF soldiers operating a Canon
The Late Jimmy Paluram Jagatrum Baburam was a wealthy KDF weapons supplier who died after drowning in a swimming pool at a Mombasa hotel, and as such his property has pitted family members against each other in court battles.
His widow Amina Shiraz Yakub and her father-in-law Brigadier David Baburam Jagatram are listed as administrators of his vast estate.
Court of Appeal Judges, Justices Erastus Githinji, Fatuma Sichale and James Otieno-Odek on Friday refused to suspend a High Court ruling, which stayed the distribution of Baburam’s assets.
Amina who was charged with the murder of her husband and released on a Ksh10 million bond had asked the court to suspend a ruling that delayed the distribution of the deceased’s property.
Her father-in-law, however, opposed the application arguing that they should wait until the criminal case against Amina was concluded.
“In making the order for a third administrator, the (High Court) judge exercised her discretion in determining the best interest for the estate taking into account the existing murder charge against the applicant, the alleged bad blood between the joint administrators and their filial relationship.
“This court has oftentimes stated it will not interfere with the exercise of discretion by a trial court,” the appellate court judge ruled.
David, the deceased’s father has also wanted a child who was adopted my Amina and her late husband expunged from the will because the adopted child’s parents are both alive.
Amina insisted that her husband cared for the adopted child, paid her fees and was included in Jimmy’s life insurance policy that reported by The Standard to be worth Ksh50 million.
In October 2018, High Court Judge Abida Ali Aroni ruled that it would be best for a third party to manage Baburam’s estate pending the determination of Yakub’s murder charge.