Hardly a month after the High Court in Nakuru named two heirs of Naivas founder Peter Mukuha as administrators of his estate, one of the siblings moved back to court to challenge the decision. The late Peter Mukuha’s family holds the majority shares in Naivas Limited, which owns Naivas Supermarkets. Naivas heirs court battle After a protracted court battle, Justice Heston Nyaga appointed Grace Wambui and David Kimani as co-administrators of the multi-billion-shilling estate. He urged the siblings to prioritise their late father’s wish above everything and safeguard family property. Nyaga’s appointment of Wambui and Kimani was expected to address the siblings’ row, but this seems not to have worked. In an interesting twist, Kimani has filed an appeal against the decision to appoint him and his sister, Wambui, as co-administrators. Naivas, Managing Director in court Kimani, the managing director of Naivas Supermarkets, says in a notice of appeal that he does not agree with Justice Nyaga’s decision on March 11, 2024. “Take notice that David Kimani Mukuha (a beneficiary of the estate of late Peter Kago Mukuha) being dissatisfied with the decision of Honourable Justice Nyaga Heston given at Nakuru High Court on March 11, 2024, intends to appeal to the Court of Appeal against part of the said decision to the extent that the court erred in appointing Grace Wambui Mukuha as c-administrator,” read the Notice of Appeal. In his ruling, Justice Nyaga noted that the family was divided into two factions, with a majority supporting Kimani. The court observed that Kimani’s support did not give him a higher right, thus directing him to become a joint administrator with Wambui. This decision saw the court revoke the grant issued to their elder sibling, Simon Gashwe, who passed away in 2019, three years after he was appointed administrator. Gashwe was appointed the estate administrator on October 6, 2016, and passed away on August 26, 2019. Naivas founder’s son in court to oppose sister’s appointment Following Gashwe’s death, Wambui, Kimani, and their brother Newton Kagira moved to court, seeking to replace him. Kagira filed his case in 2022, while Grace filed hers in 2023. Kimani filed in January 2024, while the case by Kagira and Grace was awaiting a ruling. Kagira claimed his father’s estate was going to waste due to a lack of representation. He expressed fear that strangers would plunder the estate. In her application, Wambui said Gashwe passed away before completing the administration work, adding that her father’s estate has been sued and several cases are pending in court. She said some other properties of her late father’s estate were improperly distributed, and an administrator or administrators would be needed to solve the dispute. On the other hand, Kimani argued that Gashwe had distributed the estate to all the beneficiaries before his death.
by Michael Ollinga Oruko