Court rejects bid to oust managers of Nyachae estate properties

The Family Court in Nairobi has upheld decisions made by the majority executors of the estate of the late Cabinet Minister Simeon Nyachae, dismissing an application by former East African Court of Justice judge Charles Nyachae challenging the arrangement of estate properties.

In a ruling delivered on June 19, 2026, Justice Rose Oganyo found that Charles Nyachae had failed to establish claims that the estate had been unlawfully administered or that there had been intermeddling in its affairs.

The dispute dates back to the death of former minister Simeon Nyachae in February 2021.

In his will dated September 9, 2015, the deceased appointed his eldest son Charles Nyachae, Angela Nyarangi Nyachae, and Eric Maina Nyachae as joint executors of his estate.

At the centre of the dispute was the management of rental properties under the Sansora Group of Companies, a firm that had been appointed by Simeon Nyachae through an agency agreement signed on December 1, 2015.

Charles moved to court in July 2022 seeking orders to stop Grace Nyachae and Leon Nyachae from managing or collecting rent from the properties through Sansora.

He also sought the appointment of Ark Consultants Limited as an independent estate manager and requested a full account of rental income collected since February 2021.

He argued that management of the estate ought to rest exclusively with the executors following issuance of a grant of probate and accused his co-executors of failing to perform their duties independently.

The respondents opposed the application, maintaining that Sansora was acting under a valid arrangement established by the deceased and retained with the approval of the majority of executors.

Justice Oganyo agreed with that position and held that the existence of lawful authority defeated claims of intermeddling.

“The central question is not merely whether acts of administration occurred, but whether Sansora Group Limited was acting under legitimate authority,” the judge said.

The court found that Sansora’s role had been preserved through decisions made by the majority executors under Clause 16 of the Will, which expressly permits majority decision-making in the administration of the estate.

Justice Oganyo further held that allegations of intermeddling require evidence showing estate assets had been wasted, alienated, or exposed to risk.

“Allegations of intermeddling must be supported by parcel-specific or independent evidence demonstrating that assets have been wasted, alienated or placed at risk, which is entirely absent in the present case,” she ruled.

On the issue of accountability, the court noted that audited statements of affairs had already been provided and estate income had been maintained in interest-bearing accounts awaiting distribution.

The judge also observed that the grant had been confirmed on June 2, 2026, allowing distribution of the estate to proceed.

Holding that the court should respect mechanisms established under the Will to resolve disagreements among executors, Justice Oganyo dismissed the application and directed that management of the estate properties continue under the existing arrangement.