In Summary
  • Mr Mbogo was made the sole administrator of the estate by Kerugoya Chief Magistrate Samuel Soita in December last year after the death of his wife Esther Mbogo.
  • In their application, his children 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.

The High Court in Kerugoya has rejected an application by five siblings to stop execution of a judgment that gave their nonagenarian father control of the family’s properties.

Justice Lucy Gitari ruled that the applicants failed to demonstrate that they would suffer substantial loss should their 93-year-old father, Richard Mbogo, continue to manage, deal and control the estate comprising five prime parcels of land.

LOWER COURT'S RULING

Mr Mbogo was made the sole administrator of the estate by Kerugoya Chief Magistrate Samuel Soita in December last year after the death of his wife Esther Mbogo.

In their application, his children 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.

They also told the court that they were apprehensive of harm on management of the estate, saying he was not fit and proper person to be sole administrator at his age.

Page 1 of 2