Amidst the towering aisles of Naivas, Kenya’s premier supermarket chain, a familial storm brews over the legacy of its late founder, Peter Mukuha Kago.
The empire he founded now stands at the centre of a legal tussle as three of his children Newton Kagira Mukuha, Grace Wambui, and David Kimani Mukuha vie to step into the shoes left vacant by their departed brother, Simon Gashwe. The trio has petitioned the Nakuru High Court to replace Gashwe, the former chairman of Naivas Supermarkets as the administrator of their father’s estate. Gashwe who held a significant 25 per cent stake in Naivas had been the sole custodian of the estate since May 6, 2010, until his untimely demise in August 2019 at the Aga Khan Hospital in Nairobi.
In their pleas to the court, Kagira, Wambui, and Kimani express genuine concerns about the potential neglect and unauthorized access to the estate in Gashwe’s absence. They seek to revoke the current letters of administration and usher in a new custodian to safeguard the late founder’s assets. The crux of their argument lies in the incomplete distribution of their father’s estate at the time of Gashwe’s passing. They contend that certain assets still await dispersal, crucially impacting pending appeals that demand the representation of the late Gashwe for resolution.
Kagira emphasizes the necessity of a substitution, highlighting the potential threat to the estate’s integrity and justice in the absence of proper representation. On the other front, David Kimani claims unanimous consent from their siblings for his appointment as administrator. He asserts that none of Gashwe’s heirs have endorsed Kagira and Wambui for the role.
In a twist of conflict, Kimani accuses Kagira of filing lawsuits against the estate, alleging a conflict of interest as Kagira simultaneously seeks an appointment as an administrator while litigating against it. Contrary to Kagira’s assertions, Kimani contends that Gashwe had efficiently concluded the estate distribution among beneficiaries before his demise.
