This archive report was first published on 21 August 2019.
On August 21, 2019, the High Court in Kerugoya made a significant ruling in a property dispute between a 93-year-old father, Richard Mbogo, and his five siblings.
The court, presided over by Justice Lucy Gitari, rejected the siblings' application to stop the execution of a judgment that gave their father control of the family's properties.
The dispute began after the death of Mr. Mbogo's wife, Esther Mbogo, in December 2018. The Kerugoya Chief Magistrate, Samuel Soita, appointed Mr. Mbogo as the sole administrator of the estate, comprising five prime parcels of land.
The siblings claimed that their father was meddling with the estate, cutting trees, collecting rents, and failing to pay rates and debts. They also expressed concerns about his ability to manage the estate, citing his age as a reason why he was not fit to be the sole administrator.
However, the court found that there was no evidence to support the siblings' claims. In fact, the trial court had already found that there were no outstanding rates and debts owed by the estate, and that Mr. Mbogo had not sold any property registered under his late wife's name.
Mr. Mbogo responded to the allegations by stating that he was not only found fit but also capable of administering the estate. He termed his children's application as an afterthought and argued that they had a window of opportunity to challenge the distribution of the estate at the confirmation of grant stage.
The court ultimately ruled in favor of Mr. Mbogo, finding that he had administered the estate with diligence and had already distributed it equitably to all beneficiaries.
