The High Court in Nakuru wants the heirs of multi-billion Naivas chain of supermarkets to jointly administer the estate.
The court told the heirs, two sons and a daughter of Peter Mukuha Kago to respect their father’s wish noting that the incessant dispute in the case would definitely make the him turn in his grave if he is not doing so already.
This was after Justice Heston Nyaga noted all the three siblings, Newton Kagira Mukuha, Grace Wambui Mukuha and David Kimani Mukuha had separately filed cases before him each seeking to be the Estate Administrator.
The each want to replace their brother Simon Gachwe Mukuha who died in August 2019 and being an administrator for three years.
Throughout his tenure as an administrator, his siblings had filed a civil case opposing his appointment besides other succession cases pitting Kimani and Gachwe.
Gachwe was appointed as the executor of the will after their father died in 2010 . He claimed that will had been left by their father but his siblings strongly opposed it in court.
The first to seek orders establishing himself as an administrator was Kagira in August 2022, followed by Wambui in November 2023 and finally, Kimani filed his suit a fortnight ago.
Last week, Justice Nyaga said he would proceed to rule on the earlier applications by Kagira and Wambui because the latest one had not been dealt with.
“The parties who had filed their cases earlier, especially Kagira have raised issues with the latest suit by Kimani because the court had given directions on their applications and a ruling date already set,” said the judge.
On August 4, 2022, Kahiga filed summons for revocation of the grant issued Gachwe while Wambui filed summons for rectification of the grant on May 26, 2023. She later filed summons for revocation of grant dated November 16, 2023 and withdrew her earlier application.
Kagira observed that that the grant issued was rendered useless upon Gachwe’s death and further claimed that the three beneficiaries had consented to him being appointed the administrator of the estate and the executor of his father’s will.
Kagira said his brother died before completely administering his father’s estate adding that the property risked being wasted if he was not established as the administrator.
In the two applications Kimani filed a response saying that five other beneficiaries were in concurrence that Gachwe completed the execution of the estate.
The patriarch of the family was survived by nine children among them the late Gachwe and vast wealth in different parts of the country.
Justice Nyaga observed that Kimani seemed to abandon his earlier sentiments and filed another application on January 22, describing Kagira as annoying litigant who had suits against the estate executor, Gachwe.
Kagira admitted that he has cases pending at the court of appeal against the his late brother and executor of their father’s estate.
“There will be conflict of interest in Kagira is made the administrator owing to the pending cases in court,” said the judge.
The judge observed that the suits by the three siblings was an indicator that distribution of the vast estate was not complete by the time Gachwe, the sole executor died.
“It looks like the estate had been distributed substantially and what the court was supposed to grant are letters of administration to any of the heirs to complete the distribution of the estate,” said Justice Nyaga.
He said the court had to interrogate various issues including the consent of the parties, conflict of interest among others in order to grant a fair determination
He said there might be more than one administrator to complete the distribution because the family was divided.
The parties were allowed seven days to file consent.