The High Court has temporarily stopped a planned forensic audit of the estate of the late Kiambu tycoon Nginyo Kariuki after some of the beneficiaries failed to agree on the scope of work to be carried out by the auditor.
In January, High Court Judge Abigail Mshila had settled on Brian Forensics LLP to carry audit the estate within 60 days from the date of the ruling. However, Sarah Mukuhi and Rose Wanjiru went back to court arguing that the auditor sought to impose on the parties its perceived scope of work as well as the terms of reference of the exercise.
Further, the duo claimed that the auditor allegedly elected to exclude them from participating or being appraised of any developments of the intended audit.
“That an order be and is hereby issued staying the execution of the ruling and order issued on 26th January 2024 and more specifically, staying the appointment of Brian Forensics LLP and barring it from carrying out a forensic audit of the estate of Lawrence Nginyo Kariuki pending the hearing and determination of the Notice of Motion Application dated 19th February 2024,” Justice Dorah Chepkwony said in a ruling delivered last week.
In the January ruling, justice Mshila gave the audit firm 60 days to do the job and file its report in court by March 26, when the parties will appear in court for directions.
The court had also directed the five advocates involved in the case to agree on the terms of reference for the auditor and the auditor to be granted access to all bank accounts.
The judge had said the forensic audit would determine the extent of meddling, as alleged by Brenda Nyambura Kiragu, and whether her elder step-sister Jane Alice Wambui Kiragu and other executors are in contempt of court.
The two beneficiaries allege that the auditor intends to impose its way in carrying out the audit despite questions being raised as to its competence and experience.
Kariuki died on February 24, 2020, leaving a widow and nine children.
