The High Court in Nairobi has dismissed an application by Charles Ayako Nyachae seeking to stop his stepmother Grace Nyachae and other executors from managing properties belonging to the estate of the late Simeon Nyachae.
The dispute arose among family members and executors of the former Cabinet Minister’s estate over the management of rental properties that continue to generate income pending the distribution of the estate.
Charles Nyachae had asked the court to restrain Grace Nyachae and Leon Nyachae from administering the properties, collecting rent, and overseeing the estate. He also sought orders compelling them to account for rental income collected since the death of Simeon Nyachae and requested the appointment of a new independent property manager.
However, the respondents opposed the application, arguing that the properties had long been managed by Sansora Group Limited under an agency agreement personally signed by the late Simeon Nyachae in 2015. They further stated that the arrangement had the backing of the majority of the executors as provided for in the deceased’s will.
In his ruling, Justice R.A. Oganyo found that Charles Nyachae had failed to prove claims that the estate had been unlawfully managed or that there had been any intermeddling with estate assets. The judge held that executors derive their authority directly from the will and that such authority takes effect from the date of death. He noted that the majority of executors had lawfully exercised their powers in retaining Sansora Group Limited to continue managing the properties. The court further found that there was no evidence showing that estate assets had been wasted, alienated or placed at risk, which would justify intervention by the court.
On accountability, Justice Oganyo noted that the executors had already provided audited statements of affairs and that rental income from the estate was being held in interest-bearing accounts pending distribution.
The judge concluded that the executors had sufficiently accounted for the estate and that the concerns raised by Charles Nyachae did not warrant the removal of the current management structure. Consequently, the court dismissed the application, allowed Sansora Group Limited to continue managing the estate properties and directed that the estate proceed to distribution following the confirmation of the grant.
The court also ordered that each party bear its own costs, noting that the matter involved members of the same family in a succession dispute.
