Court dismisses Charles Nyachae's bid to remove step-mum & brother from estate administration

In a ruling delivered on June 19, 2026, Justice Rose Oganyo found that Charles Nyachae had failed to prove allegations that the estate had been mismanaged or that the respondents had unlawfully interfered with its administration.

The dispute arose following the death of Simeon Nyachae in February 2021. Under his will, Charles Nyachae, Angela Mochache and Eric Maina Nyachae were appointed as executors of the estate.

The majority of the executors resolved that the estate's properties would continue to be managed by Sansora Group of Companies, an arrangement that had been put in place by the deceased during his lifetime.

However, Charles Nyachae moved to court in 2022, claiming that Sansora Group, whose directors are Grace and Leon Nyachae, had unlawfully taken over management of the estate and collected rental income without authority.

He also accused his co-executors of abdicating their responsibilities and sought orders removing Sansora from estate management and appointing Ark Consultants Limited as an independent estate manager.

Charles Nyachae further asked the court to compel the respondents to provide a full account of rental income collected since February 2021, arguing that despite being an executor, he had been kept in the dark about the administration of the estate.

In dismissing the application, Justice Oganyo held that the allegations of intermeddling were unsupported by evidence.

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

The court found that Sansora Group had been appointed by the late Simeon Nyachae through a written agency agreement dated December 1, 2015, and that the arrangement had subsequently been ratified by the majority of the executors in accordance with Clause 16 of the will.

Justice Oganyo noted that allegations of intermeddling must be supported by evidence showing that estate assets had been wasted or placed at 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.

The judge further upheld the majority-decision clause contained in the will, saying the deceased had expressly provided a mechanism for resolving disagreements among executors.

"To override this clause on the application of a single dissenting executor would be to defeat the testator's clear intention," the court held.

On accountability, the court found that the respondents had already provided audited reports accounting for the estate's income and expenditure.

"The majority of executors have already provided audited Statements of Affairs from HLB Cezam & Associates. The existence of these accounts and interest-bearing holding accounts demonstrates that the majority of executors are discharging their fiduciary duties well," Justice Oganyo said.

The court also noted that the grant of probate had been confirmed on June 2, 2026, allowing distribution of the estate to proceed. Justice Oganyo held that the respondents owed no further duty to provide accounts in the absence of evidence showing mismanagement of the estate.

Consequently, the court dismissed Charles Nyachae's request to remove Sansora Group as estate manager and ordered that the company continue managing the properties under the authority of the majority executors.

"Overall, this application stands as dismissed," the judge ruled.