Former mayor's son wins property dispute against siblings

The late former Nakuru Mayor Herman Nderi. [File, Standard]

The son of former Nakuru Mayor Herman Nderi has won a property dispute against his three siblings after the court allowed him to solely control one of the family’s properties.

Judge Samwel Mohochi allowed Kevin Wangombe to continue managing the properties allegedly previously owned by the late mayor, who died on May 23, 2024.

He declined to find Wangombe guilty of contempt of court, for allegedly disobeying court orders that stopped any interference with the family estate.

He dismissed a contempt of court application filed by Wangombe’s siblings, Anthony Marine, Jane Wangeshi and Billy Nduati

“The court is unable to find the respondent (Wangombe) guilty of contempt of court because no specific details are proving he has disobeyed court orders,” ruled Mohochi.

He ruled that the three failed to file a succession petition that would have shed light on the properties forming part of Nderi’s estate.

He also noted that the three did not provide the court with documents and details to pinpoint the location of the properties he was managing.

“The applicants only provided photos of a property that is not known. This case only began in an interim and without the petition, the court cannot grant further orders,” he ruled.

He directed the three siblings to file a succession petition within 30 days, after which the court can determine properties which are part of the estate.

The three siblings teamed up against Wangombe, who has allegedly been managing three of the mayor’s properties within Nakuru County.

One of the properties in Mariakani, Shabaab, measuring 0.07 acres, was estimated to be worth Sh18 million by May 7, 2024. Another property is in Naka Estate and another is in Milimani Estate.

The three wanted Mohochi to restrain Wangombe from collecting rent, leasing or selling the properties.

They deposed that he had been collecting rent without authority from the family, including them, the estate’s joint administrators.

“The respondent should be barred from interfering with the assets of the estate, particularly rental premises in the three prime properties within Nakuru,” they deposed.

They also wanted the court to order Wangombe to give an account of all the rent accruing from the rental premises in the properties from June 2024 to date.

“The court should compel the respondent to refund rental income collected from the rental premises in the properties, dating from June 2024 to date,” they added.

Apart from seeking an order for the rent to be deposited in the court’s account, they also wanted a caution to be placed against the properties.

In response, Wangombe stated that he was the one who was staying with their father and took care of him before he died.

He claimed that before his death, their father, Nderi, sold the property in Mariakani to one Hosea Wangethi on May 7, 2024, for Sh18 million.

As such, he deposed that by the time of his death, Nderi was not the registered owner of the second property, as it was registered as Ndema, a business name.

“The property in Naka is being controlled by Nduati, who has been collecting rent. It is the only property of the estate with an income,” submitted Wangombe.

He further claimed that his siblings were unfit to be administrators.