This archive report was first published on 20 August 2019.
On August 20, 2019, the High Court in Kerugoya made a significant ruling in favor of 93-year-old Richard Mbogo, who had been at the center of a property dispute with his children.
Justice Lucy Gitari rejected an application by five siblings to stop the execution of a judgment that gave their father control of the family's properties.
The court found that the applicants had failed to demonstrate that they would suffer substantial loss if their father continued to manage the estate, which comprises five prime parcels of land.
Mr. Mbogo was appointed the sole administrator of the estate by Kerugoya Chief Magistrate Samuel Soita in December 2018, following the death of his wife Esther Mbogo.
His children had claimed that he was meddling with the estate, had cut trees, was collecting rents and proceeds from coffee and tea sales, and had failed to pay rates and debts.
However, the court ruled that there was no evidence to support these claims, and that Mr. Mbogo had not sold any property registered under his late wife's name.
Mr. Mbogo responded to the allegations, stating that he was not only found fit but also capable of administering the estate, and that his children's application was an afterthought.
He argued that no prejudice would be suffered by the applicants, as they had a window of challenging the distribution of the estate at the confirmation of grant stage.
