The family of ailing Dr Abdalla Kibwana Athumani has taken lawyer Martin Muchoki Maina to the High Court over Sh58 million they allege remains unaccounted for from the sale of their Kitisuru property.
Khadija Ahmad Salim, Aisha Kibwana Abdalla and Fatuma Abdalla Kibwana, suing on behalf of their father, want the court to order Muchoki and his firm, Martin Muchoki Maina Associates, to pay the disputed amount, together with interest and damages.
The case centres on L.R. No. 4242/44, along Saunders Close in Kitisuru, which Dr Kibwana agreed to sell for Sh70 million to raise money for his medical treatment and upkeep after he was diagnosed with a terminal illness in 2021.
The family says Muchoki was engaged to handle the conveyancing after being introduced to them through their property agent.
His firm partner, Lillian Wanjiru Muiru, is also named in the family’s complaints over her role in preparing and coordinating transaction documents.
A sale agreement signed on May 7, 2025 required the purchase price to be deposited into the advocates’ client account before being released to the sellers.
According to court papers, the buyer paid the full Sh70 million in four instalments—Sh7 million, Sh45 million, Sh10 million and Sh8 million—with the final amount received by the advocates on December 8, 2025.
The family says only Sh8.404 million was subsequently released to them, leaving about Sh58 million outstanding.
They contend that despite repeated demands, no satisfactory account has been given for the balance.
The conveyancing process nevertheless progressed, with the family saying the documents required to transfer the property were eventually executed in February 2026.
The plaintiffs argue that Muchoki received the money solely as their advocate and had no beneficial interest in it beyond agreed professional fees and lawful disbursements.
They are asking the High Court to compel him to provide a detailed account showing how every shilling received in connection with the transaction was held, applied or disbursed.
“The retention of the said monies has resulted in a corresponding deprivation to the family, who have been wrongfully denied the use, possession and benefit of their monetary property,” the plaintiffs state.
The family further alleges that the withholding of the funds has hampered their ability to meet Dr Kibwana’s medical and care expenses.
They are seeking Sh58 million, damages for alleged breach of fiduciary duty and wrongful retention, and interest, including interest at Treasury Bill rates or another rate determined by the court.
The dispute has also spilled into criminal and professional proceedings.
In a July 2026 complaint to the Directorate of Criminal Investigations (DCI), the family requested investigations into suspected theft by agent.
They alleged that funds from the transaction may have been channelled into various ventures and named Joint Chances Limited, Courtyard Security and Discount Haven Limited in connection with the alleged movement of the money.
The allegations have not been proved in court.
The family has also lodged complaints with the Law Society of Kenya (LSK) against Muchoki and Muiru.
According to the plaintiffs, the LSK acknowledged the complaints on September 8, 2026 and gave the advocates 14 days to respond.
The High Court claim seeks not only recovery of the disputed money but also a full account of the transaction and compensation for the alleged loss of use and value of the funds.
The family maintains that Muchoki’s continued retention of the money has unjustly deprived them of funds they say were urgently required for Dr Kibwana’s treatment and upkeep.
The case is scheduled for ruling on November 5, 2026.
The plaintiffs have also told the court that, when the suit was filed, there was no other pending or previously determined case involving the same dispute between the parties.
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