The Family Court in Nairobi has dismissed an application by former East African Court of Justice judge Charles Nyachae seeking the removal of his stepmother, Grace Nyachae, and stepbrother, Leon Nyachae, from the administration of the estate of the late Cabinet Minister Simeon Nyachae.
In a ruling delivered on June 19, 2026, Justice Rose Oganyo found that Charles Nyachae had not provided sufficient evidence to support claims that the estate had been mismanaged or that the respondents had unlawfully interfered with its administration.
The dispute stems from the death of Simeon Nyachae in February 2021. Under the deceased’s will, Charles Nyachae, Angela Mochache, and Eric Maina Nyachae were appointed as executors of the estate. Following consultations, the majority of the executors agreed that the estate’s properties would continue to be managed by Sansora Group of Companies, an arrangement that had been established by the late Simeon Nyachae during his lifetime.
Charles Nyachae moved to court in 2022, arguing that Sansora Group, whose directors are Grace and Leon Nyachae, had assumed control of the estate’s assets without proper authority and had been collecting rental income unlawfully. He further alleged that his fellow executors had failed in their duties and asked the court to replace Sansora Group with Ark Consultants Limited as an independent estate manager.
He also sought an order compelling the respondents to provide a comprehensive account of all rental income collected since February 2021, maintaining that he had been excluded from key aspects of the estate’s administration despite being one of the appointed executors.
However, Justice Oganyo ruled that the allegations of intermeddling had not been substantiated 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’s role was grounded in a written agency agreement executed by Simeon Nyachae on December 1, 2015. The arrangement was later endorsed by the majority of the executors in accordance with Clause 16 of the will.
Justice Oganyo emphasized that claims of unlawful interference with an estate must be backed by clear evidence showing that assets have been wasted, improperly disposed of, 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.
The judge also upheld the will’s provision requiring decisions among executors to be determined by majority vote, noting that the deceased had intentionally created a framework for resolving disagreements.
“To override this clause on the application of a single dissenting executor would be to defeat the testator’s clear intention,” the court observed.
Regarding accountability, the court noted that the respondents had already submitted audited Statements of Affairs prepared by HLB Cezam & Associates, detailing the estate’s income and expenditure.
“The majority 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 executors are discharging their fiduciary duties well,” Justice Oganyo said.
The court further noted that the grant of probate had been confirmed on June 2, 2026, paving the way for distribution of the estate to beneficiaries. In the absence of evidence of mismanagement, the judge held that no additional accounting orders were necessary.
As a result, Charles Nyachae’s application to remove Sansora Group from managing the estate was dismissed, with the court directing that the company continue overseeing the properties under the authority of the majority executors.
