https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7375

In re Estate of Wachira (Deceased) (Succession Cause E027 of 2022) [2026] KEHC 7375 (KLR) (14 May 2026) (Ruling) Neutral citation: [2026] KEHC 7375 (KLR) Republic of Kenya In the High Court at Nyeri Succession Cause E027 of 2022 DKN Magare, J May 14, 2026 IN THE MATTER OF THE ESTATE OF NYAGAH WILLIAM WACHIRA (DECEASED) Between Charity Wairimu Wachira 1st Applicant Leah Muthoni Wachira 2nd Applicant and Dickson Ngure Wachira Respondent Ruling 1.The matter was sent to mediation. However the administrators sabotaged the mediation. They either ignored summons by the mediator or were unable to give support. This resulted in noncompliance. 2.Consequences for noncompliance are set out in rule 29 of the Court Annexed Mediation Rules. The consequences are that pleadings filed by the two administrators being an application dated 21/10/2025, is hereby struck out. The application for contempt is equally struck out. 3.The administrators are terrorizing other beneficiaries. They have already held canola that was grown by Dickson Ngure Wachira at ransom. Each has been paid a sum of Kshs. 400,000/= as ransom to enable him transport his wheat. This was abuse of powers as administrators. The administrators are enjoined by section 83 to administer the estate. They are not supposed to abuse their powers. The said section provides as follows:To complete the administration of the estate in respect of all matters other than continuing trusts and if required by the court, either of its own motion or on the application of any interested party in the estate, to produce to the court a full and accurate account of the completed administration. 4.Section 94 of the Law of Succession Act provides for consequences of this kind of conduct. The section provides as follows:When a personal representative neglects to get in any asset forming part of the estate in respect of which representation has been granted to him, or misapplies any such asset, or subjects it to loss or damage, he shall, whether or not also guilty of an offence on that account, be liable to make good any loss or damage so occasioned. 5.Therefore, by obstructing the harvest and sale of wheat until they are paid the administrators acted in breach of their duty. They cannot be allowed to retained the sums they illegally obtained from beneficiaries. Consequently, the sum of Ksh. 400,000/= paid to each of the administrators as ransom is recoverable. The said amount shall be deposited in court within 30 days. 6.The administrators, Charity Wairimu Wachira and Leah Muthoni Wachira have misconducted themselves and as such they are hereby removed and the grant issued to them revoked. I hereby appoint Dickson Ngure Wachira as the sole administrator. 7.Secondly, the order dated 5/5/2025 by the court directed that Leah Muthoni Wachira be placed in occupation of LR. 2787 Nanyuki. However, after the mother, Milicent Warigia Wachira died, Leah Muthoni Wachira evicted the brother from the house. she did not have powers to do so as the house forms part of the estate of the deceased. Therefore, I direct that Dickson Ngure returns to the main house in Karatina, being Ruguru/Kiamariga/1768 by 1/6/2026. Leah Muthoni Wachira shall vacate the main house and confine herself to LR. 2787 Nanyuki as earlier ordered, until confirmation is completed. 8.The matter shall now be set down for hearing of the objection by Mr. Gori’s client. The former administrators shall not interfere with the running of Nyaga Mechanical Engineering (Karatina and Nairobi branches) without prior written approval either of the court or the administrator. 9.Charity Wairimu Wachira admitted to have sold cows for a sum of Ksh. 300,000/=. This was intermeddling with the estate of the deceased. She has therefore to give full account of the cattle sold and the sum of Ksh. 300,000/=. 10.The former administrators, Charity Wairimu Wachira and Leah Muthoni Wachira to file accounts within 30 days from today. 11.Meanwhile the mediators are discharged, and be paid for work done. 12.The objectors to file proper papers in view of the orders already filed. meanwhile the administrator to proceed and file summons for conformation of grant. 13.Directions on hearing on 15th October, 2026. Determination 14.Therefore, I make the following orders:i.The administrators, Charity Wairimu Wachira and Leah Muthoni Wachira have misconducted themselves and as such they are hereby removed and the grant issued to them revoked.ii.I hereby appoint Dickson Ngure Wachira as the sole administrator.iii.I direct that Dickson Ngure returns to the main house in Karatina, being Ruguru/Kiamariga/1768 by 1/6/2026. Leah Muthoni Wachira shall vacate the main house and confine herself to LR. 2787 Nanyuki as earlier ordered, until confirmation is completed.iv.The matter shall now be set down for hearing of the objection by Mr. Gori’s client.v.The former administrators shall not interfere with the running of Nyaga Mechanical Engineering (Karatina and Nairobi branches) without prior written approval either of the court or the administrator.vi.Charity Wairimu Wachira to give a full account of the cattle sold and the sum of Ksh. 300,000/=.vii.The former administrators, Charity Wairimu Wachira and Leah Muthoni Wachira to file accounts within 30 days from today.viii.Meanwhile the mediator is discharged, and be paid for work done.ix.The objectors to file appropriate documents.x.The administrator to proceed and file summons for confirmation of grant.xi.Directions on hearing on 15th October, 2026. DELIVERED, DATED AND SIGNED AT NYERI ON THIS 14TH DAY OF MAY, 2026.EX-TEMPORE RULING DELIVERED IN OPEN COURT.KIZITO MAGAREJUDGEIn the presence of: -Mr. Muchangi for Charity Wachira.Bw’Oigara for Leah Muthoni.Mr. Gori for the interested Protestors/Objectors.Mr. Githinji for Dickson Wachira, Dickson Nyaga and Jackson.Court Assistant – Martin.