The ongoing dispute within the family of Peter Mukuha, the founder of Naivas supermarket chain, has taken a new turn with one of his daughters filing a lawsuit in an attempt to become the administrator of the estate.

Grace Wamboi has approached the court to rectify a grant previously issued to her late brother, Simon Gashwe.

On May 29, Wamboi filed a summons at the High Court in Nakuru, seeking rectification of the grant that was originally issued to Gashwe on May 6, 2010. She requests that Gashwe’s name be replaced with hers as the administrator. Wamboi claims that Gashwe was appointed with the consent of the family members to administer the estate, distribute assets among family members, and settle debts.

Wamboi alleges that Gashwe passed away before completing the administration work, which has resulted in lawsuits against their late father’s estate, with several cases still pending in court.

According to court documents, Wamboi states, “There are also additional properties belonging to the late Peter Kago Mukuha’s estate that were distributed improperly and require an administrator or administrators to resolve the disputes.”

Wamboi also expresses no objection to her elder brother Newton Kagira Mukuha’s application to become one of the directors.

“I, along with my brother Newton Kagira Mukuha, can be appointed as administrators of our late father Peter Kago Mukuha’s estate to continue the administration until the pending court cases are resolved,” Wamboi adds.

She further asserts that her brother David Kimani Mukuha should not be allowed to prevent Kagira and herself from being appointed as administrators.

Wamboi acknowledges the existence of other undistributed properties within the estate.

In October of the previous year, Kagira had urgently petitioned the court to be named as the estate’s administrator.

Kagira expresses concerns that the estate might be neglected without representation and could potentially be exploited by outsiders. He also seeks the revocation of the letters of administration previously issued to Gashwe.

Kagira explains that Gashwe’s demise before the completion of share distribution at Standard Chartered Bank, cash at Barclays Bank (now ABSA Bank), cash at Kenya Commercial Bank, and his 20% shareholding in Naivas Limited, all of which form assets in their late father’s estate, serves as sufficient grounds to revoke the letters of administration.

According to Kagira, issuing a fresh grant would facilitate the equitable distribution of shares among the beneficiaries.

In early April, Kagira initiated a lawsuit against Naivas Limited, seeking an injunction to halt the sale of shares and distribution of the company’s ownership.

Kagira’s suit, filed at the Milimani High Court, relates to the disputed shareholding of Naivas Limited, which resulted in a court order issued on November 25, 2021, by the Court of Appeal in Nakuru.

The Court of Appeal, in Civil Application No. E050 of 2021, Newton Kagira Mukuha vs Charles Mukuha Simon Gashwe, directed the maintenance of the status quo concerning the disputed shares until the appeal is heard and determined.

Kagira’s application asserts that Naivas Limited, through its directors and shareholders, was in the process of selling the shares, including the disputed ones.

Kagira claims to be the rightful owner of Naivas Limited, having contributed 20% of the startup capital when the business began in 1990 under the name Rongai Self-Service Store, which later became Naivas Limited.

Charles Mukuha, a director at Naivas Limited, has opposed Kagira’s application and seeks its dismissal.

In his reply, Charles states that Kagira’s claim to the 20% shareholding was dismissed by the court on October 31, 2014. Charles highlights that Kagira appealed the ruling, and the appeal is still pending.

“Therefore, there is no basis for initiating a new claim,” Charles stated in his reply on May 3.

The court will hear Kagira’s case regarding the share dispute on June 8.

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