NAIROBI, Kenya Jun 24 – The Family Court in Nairobi has dismissed an application filed by former East African Court of Justice judge Charles Ayako Nyachae challenging the administration of the estate of his late father, former Cabinet Minister Simeon Nyachae.
In a ruling delivered by Justice Rose Oganyo, the court found that Ayako had failed to provide sufficient evidence to support allegations of fraud, mismanagement, or wastage of the estate by his co-executors, including his stepmother Grace Nyachae and stepbrother Leon Nyachae.
The dispute arose after the death of the former minister in 2021, when the majority of executors resolved that the estate would continue being managed by Sansora Group of Companies in accordance with the wishes outlined by the deceased.
Ayako opposed the arrangement, arguing that the continued management of the estate by Sansora and the collection of rental income from the deceased’s properties had been done unlawfully.
Through his lawyers, Rachier & Omollo Advocates, he sought the removal of Grace Nyachae, Leon Nyachae, Angela Mochache and Eric Maina from the administration of the estate. He also wanted Ark Consultants Limited appointed as an independent manager.
However, Justice Oganyo ruled that the claims had not been substantiated.
The court noted that the majority executors had already presented audited financial statements prepared by HLB Cezam & Associates LLP, demonstrating accountability in the management of the estate.
“The existence of audited accounts and interest-bearing bank accounts shows that the executors are properly discharging their fiduciary responsibilities,” the judge ruled.
Justice Oganyo further observed that Ayako had not provided independent evidence proving that the estate had suffered financial loss or deterioration under the current management.
The court also declined to remove Sansora Group as estate manager, noting that the company had been appointed by Simeon Nyachae himself through a written agency agreement signed in 2015.
According to the ruling, the arrangement reflected the wishes of the deceased and had the backing of the majority of executors and beneficiaries.
The judge additionally found that Ayako had not undertaken an independent audit or called expert witnesses to support his allegations of mismanagement.
On the issue of access to information, the court held that the respondents were not legally obligated to provide further details beyond the disclosures already made through court-approved processes.
“Overall, this application is unmerited and stands dismissed,” Justice Oganyo ruled.
Ayako had argued that despite being an executor of the estate, he had been sidelined from its administration and sought a full account of rental income collected since February 2021.
The respondents maintained that the continued management structure was lawful and consistent with the late Simeon Nyachae’s wishes.
The ruling marks a significant development in the long-running inheritance dispute surrounding the administration of the late minister’s multibillion-shilling estate.