A long-running dispute over the estate of Naivas supermarkets founder, Peter Mukuha Kago, has been reignited after one of his heirs, Newton Kagira, gained approval from the Court of Appeal to revive a 13-year-old case concerning the distribution of the family’s wealth, specifically the Naivas Limited shares.
The Court of Appeal has given Kagira the green light to challenge the administration of his father’s estate, currently under the control of David Kimani and Grace Wambui. This legal battle revolves around Kagira’s claim that his father left no written instructions (Will) for how his estate, including valuable shares in Naivas Limited, should be divided.
While Kagira asserts that his father’s wishes were not documented, his siblings have denied these claims, and the High Court previously ruled in 2014 that the Will was valid.
Peter Kago passed away in May 2010, leaving behind a vast estate comprising land, money, and 10,000 shares in Naivas Limited. By the time of his death, Naivas had expanded significantly, operating 40 stores and employing 5,000 people.
However, a succession dispute arose in 2011 when Kagira objected to how his father’s estate was being distributed before the ownership of Naivas Ltd. had been officially settled. His primary issue was with his brother, Simon Gashwe, who was appointed as the administrator of their father’s estate and also served as the Chairman of Naivas Limited. Gashwe passed away in August 2019, sparking further disputes over who would step into the administrator’s role.
Following Gashwe’s death, family members struggled to agree on a new administrator, but they eventually reached a consensus. On March 11, 2024, David Kimani and Grace Wambui were appointed to replace Gashwe. With this new development, Kagira is now set to battle Kimani and Wambui over the control of the estate and the ownership of the Naivas shares.
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This case has a long history. Kagira initially appealed in 2016 after the High Court dismissed his objections to the administration of the estate. At that time, the court issued letters of administration to Gashwe, affirming the validity of their father’s Will. The court also determined that Gashwe was fit to serve as the administrator, as no evidence suggested otherwise.
Kagira explained that delays in pursuing his appeal were due to family disagreements over the appointment of the estate’s new administrator. He told the Court of Appeal that sibling rivalries had hindered efforts to agree on who should replace Gashwe, which delayed the substitution of the defendants in the case.
The Court of Appeal judges, John Mativo, Mwaniki Gachoka, and Weldon Korir, stated that there was no dispute regarding the court’s authority to revive an appeal that had previously been stalled. They also noted that the new administrators were appointed in mid-March 2024, and Kagira filed his application shortly afterward, further affirming his intent to proceed with his appeal.
The judges emphasized that the family’s failure to reach an agreement on the administration of Peter Kago’s estate provided justifiable grounds to allow Kagira to reopen the case. “We must also appreciate that while the new administrators were appointed on March 11, 2024, the application was filed just two weeks later, on March 25, 2024. This confirms the applicant’s intent to revive and pursue his appeal,” the judges said.
Kagira is now challenging the High Court’s earlier decision to dismiss his objection to the distribution of his father’s estate. A key part of the dispute involves the 10,000 Naivas Limited shares. During the original High Court proceedings, Gashwe testified that their father had allocated the shares among four of his children.
According to Gashwe, the distribution was as follows: four percent for himself, four percent for David Kimani, six percent for Grace Wambui, and six percent for Linet Wairimu.
