The heirs of the late Kenyan business magnate, Peter Mukuha Kago, founder of the renowned Naivas Limited, have been for a while now, embroiled in a legal dispute over the administration of their father’s estate.
The late businessman’s three children, Grace Wambui, David Kimani Mukuha, and Newton Kagira Mukuha, separately moved to the Nakuru High Court, each seeking to replace their deceased brother, Simon Gashwe, as the administrator of the estate.
Simon Gashwe, who owned a substantial 25 percent of Naivas’ shares, was appointed as the sole administrator of the empire on May 6, 2010. However, his siblings have raised concerns about the incomplete distribution of their father’s estate at the time of his death in August 2019.
In response, the High Court in Nakuru has issued a directive in the ongoing legal battle over the estate. The court has ruled that Grace Wambui, one of Mukuha’s children, must obtain the consent of her siblings before replacing her late brother, Simon Gashwe, as the administrator of their father’s vast multi-million estate.
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The decision is part of a series of legal actions taken by heirs seeking control and resolution over the administration of the lucrative estate.
Newton Kagira Mukuha, in his application, argued that certain assets within the estate have not been properly distributed, expressing worries that the lack of representation might lead to potential exploitation of the estate.
He asserted that the demise of his brother Simon Gashwe was sufficient grounds to revoke the letters of administration and appoint a new administrator.
David Kimani Mukuha contested his brother Newton Kagira’s application, claiming that their siblings had consented to his appointment as the administrator. Kimani argued that neither of Gashwe’s heirs had agreed to the appointment of the other applicants, specifically Kagira and Wambui.
He also accused Kagira of creating a conflict of interest by filing legal cases against the estate while seeking appointment as an administrator.
Grace Wambui, in her application, echoed the concerns of her siblings and emphasized that Gashwe was appointed as the Naivas administrator with the family’s consent.
She revealed that her brother’s untimely demise occurred before the completion of the estate administration, leading to unresolved distribution issues and court cases. Wambui stressed the need for an administrator to intervene and resolve the growing disputes surrounding her late father’s estate.
In the ruling, Justice Heston Nyaga addressed the applications filed by Wambui and Kagira, noting that Kimani was yet to appear before the court.
The judge observed that it seemed the estate had already undergone substantial distribution and therefore the court’s role was to grant letters of administration to any of the heirs to complete the remaining distribution of the estate.
Justice Nyaga acknowledged that each of the three candidates had an equal position in the matter, prompting a consideration of several factors to identify the most appropriate individual to manage the remaining estate distribution.
These factors encompassed obtaining consent from other involved parties and assessing the presence of any conflicts of interest, among other considerations.
“There is no one who is good and bad, but here, who is the most suitable,” ruled Justice Nyaga.
Regarding Wambui’s application, the court deemed her suitable, but her application lacked the backing of other siblings. Consequently, the court granted her time to seek consent from the remaining siblings and to agree on an additional person who would jointly administer the estate with her.
“This estate may require more than one administrator from each faction since the family seems to have been drawn into different factions to enable the completion of the distribution of the estate,” ruled the court.
The judge regretted the continuous disputes among the siblings, emphasizing that such conflicts were disrespectful to their deceased father’s wishes.
“The incessant dispute in this cause will make the deceased turn in his grave if he is not doing so already,” stated the judge
