Charles Nyachae grilled in court over family feud in late father's estate

Former East African Court of Justice Judge Charles Ayako Nyachae faced intense questioning in court over his role in a suit seeking to remove his stepbrother, Leon Nyandusi Nyachae, from managing companies left by their late father, former Cabinet Minister Simeon Nyachae.

Appearing before the Commercial Court, Ayako was pressed by senior counsel Philip Murgor to clarify whether the case had been filed by his ailing mother, Martha Mwango, or by his brother, Michael Moragia Nyachae.

The case had been lodged in Martha’s name, with Moragia and another brother, Kenneth Bitange Nyachae, as key players in the bid to oust Leon from management.

When Murgor asked whether their mother had legally empowered Moragia to act on her behalf, Ayako responded that his brother was simply executing her wishes.

“You, Charles Ayako Nyachae, did not enjoy that confidence and pride of place in your father’s heart, so you are fighting a war after he has died—you want to punish them for being closer to him,” Murgor remarked.

Ayako replied: “The only war I ever had was not about property. This case is only meant to protect my mother’s interests.”

The court heard that Martha, who has been suffering from dementia since 2021, lacks the capacity to manage her own affairs.

When asked directly what she was seeking in the case, Ayako deferred to his brother, saying: “My lord, Michael will respond.”

Murgor further questioned Ayako’s claim that he did not know how Leon became a director in the family companies, pointing out that Leon’s appointment happened when their father was still alive.

“Charles Nyachae is saying, as the eldest son and principal legal adviser who ought to have been up there, he can’t believe someone 23 years his junior could have become a director,” Murgor said.

Pressed on whether Leon’s appointment took place during their father’s lifetime, Ayako replied, “I believe so,” confirming that Leon’s involvement in the family businesses predated the patriarch’s death.

When asked if the issues could have been resolved within the succession case, since they revolve around family wealth, Ayako responded, “Let us not go there. You do not know how she got her shares.”

Separately, at the Family Division of the High Court in Nairobi, Ayako’s brother Kenneth Bitange Nyachae suffered a major setback in his attempt to restructure management of their late father’s estate.

Justice Eric Ogola ruled that Bitange’s case, which sought to remove executors of the will—including Ayako, Angela Nyarangi, and Eric Maina—must be consolidated with the main succession cause.

“The originating summons dated May 19, 2023, is not allowed,” ruled Justice Ogola, emphasizing that the matter should be handled within the succession proceedings “in the interest of expediting the process.”

Bitange had asked the court to appoint alternate executors to implement the will while excluding Leon, whom he accused—alongside Ayako, Nyarangi, and Maina—of contributing to the wastage of the estate.

Through lawyer Diana Ndirangu, Angela and Eric dismissed the case as meritless, arguing it stemmed from personal animosity.

Bitange, Ayako, and Moragia are Martha Mwango’s sons, while Leon is their stepbrother. The two ongoing disputes—one before the Family Court and the other before the Commercial Court—have laid bare tensions within the influential Nyachae family over control of their late father’s wealth.

Ayako, who recently applied unsuccessfully for the position of IEBC Chairperson, maintained that his only concern in the ongoing cases was safeguarding his mother’s interests.