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.
The siblings urged judge the court to stop execution of the lower court’s judgement pending hearing and determination of the appeal they have filed against the magistrate’s decision.
However, Ms Gitari ruled that the trial court had found that there was no outstanding rates and debts owed by the estate and no evidence that any part of the estate is in danger of wastage or mismanagement. In addition, Mr Mbogo has not sold his property registered under the deceased’s name.
In his response, Mr Mbogo stated that he was not only found fit but he is also capable of administering the estate, terming his children’s application as an afterthought.
He said no prejudice will be suffered by the applicants since they have a window of challenging the distribution of the estate at confirmation of grant stage.
The court heard that all the five siblings were catered for and provided for equally and there was nothing lawful to stop him from administering the estate of his deceased wife which he has done with diligence.
He told the court he had already distributed the estate equitably to all beneficiaries and nothing is pending for distribution.