https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9007

 **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NYANDARUA** **PROBATE & ADMINISTRATION NO. 12 OF 2025** **IN THE MATTER OF THE ESTATE OF:** **BONIFACE KARIUKI MURAGE……………………………………………DECEASED** **BETWEEN** **GEORGE MACHARIA KARIUKI……………1ST ADMINISTRATOR/RESPONDENT** **AND** **SIMON WANGAI KARIUKI…………………….2ND ADMINISTRATOR/APPLICANT** **RULING** 1. Simon Wangai Kariuki, the applicant herein, has moved the court by way of Chamber Summons dated the 13th day of April 2026. The application is brought under Sections 47, 82, and 83 of the Law of Succession Act, and Rules 49 and 73 of the Probate and Administration Rules. He is seeking the following orders: 2. That George Macharia Kariuki, the 1st administrator, be compelled forthwith to execute and sign all requisite transfer instruments, mutation forms, transmission documents and any other documents necessary to effect the distribution and transmission of the estate properties to the beneficiaries in accordance with the mode of distribution contained in the Certificate of Confirmation of Grant dated 19th January 2026. 3. That, in the alternative, the 2nd administrator, Simon Wangai Kariuki, be granted leave to proceed alone with the final administration, mutation, subdivision, transfer and distribution of the estate without the further involvement, participation or signature of the 1st Administrator. 4. That a new administrator from the 1st family be appointed in the place and stead of George Macharia Kariuki on account of his persistent refusal, neglect and lack of cooperation in the administration of the estate. 5. That the 1st administrator be estopped from denying/disowning the succession proceedings and process entirely. 6. That the costs of this application be provided for by the 1st Administrator. 7. That this Honourable Court be pleased to issue any other order(s) it may deem just and expedient in the circumstances. 8. The application was premised on the following grounds: 9. That the Certificate of Confirmation of grant was issued by this Honourable Court on 19th January 2026, following a full hearing and ruling delivered on 17th December 2025, and the mode of distribution therein is binding on all administrators and beneficiaries. 10. That Applicant has fully discharged his fiduciary duties by engaging Terra-scope Ventures Ltd (with the knowledge and copy to the respondent), notifying all beneficiaries, conducting the survey on 13th February 2026, 6th March 2026, and 20th March 2026 in the presence of the Area Chief and most beneficiaries, and preparing all mutation und transfer documents. 11. That respondent has willfully refused and/or neglected to sign the said documents despite repeated invitations including the letter dated 30th March 2026 from the applicant's advocates and the further letter dated 7th April 2026 specifically addressing his enquiries regarding the status of re-survey of the properties, the status issue of Anthony Gachara, shareholder agreement and their exact position in the confirmed Grant among other things. 12. That the respondent's allegations that he was unaware of the succession process, that the surveyor was appointed without his agreement or his involvement and or knowledge, and/or that there was interference with the Will of the deceased are baseless, unsupported by any evidence, and an afterthought calculated to frustrate the administration of the estate and the beneficiaries' constitutional right to property and inheritance. 13. That the respondent was at all material times aware of the entire succession proceedings, was copied in all material correspondence (including the engagement of the surveyor and notification to beneficiaries), and actively participated as a party throughout including signing an application for confirmation of grant dated 4th November 2025. He cannot now resile from or disown the confirmed Grant and or succession process. 14. That the respondent's continued refusal is in clear breach of Sections 82 and 83 of the Law of Succession Act, duty to administer diligently, distribute without undue delay, and act in the best interest of all beneficiaries. 15. That this Honourable Court has inherent jurisdiction and statutory power under the Law of Succession Act to compel compliance with its orders or, in the alternative, to authorize the 2nd Administrator to proceed alone so as to prevent further prejudice to the beneficiaries. 16. The 1st administrator/ respondent opposed the application on the following grounds: 17. That the 1st administrator/ respondent has not refused to sign any document to facilitate the distribution of the estate. 18. That it is the applicant who has hampered the distribution of the estate. 19. That the grant be revoked. 20. This matter appears to have stalled due to a lack of cooperation between the two administrators. When this court delivered its ruling on 17 December 2025, the administrators were given 60 days to distribute the estate. Section 76 (d) (ii) & (e) of the Law of Succession Act provides: ***A grant of representation, whether or not confirmed, may at any time be revoked or annulled if the court decides, either on application by any interested party or of its own motion—*** ***(d)that the person to whom the grant was made has failed, after due notice and without reasonable cause either—*** ***(ii) to proceed diligently with the administration of the estate; or*** ***(e) that the grant has become useless and inoperative through subsequent circumstances.*** 1. The administrators have 60 days from the date of this ruling to finalize the distribution. If they fail to do so within this timeframe, the grant will be automatically revoked unless the court grants an extension. Hence, this ruling also functions as a formal notice to them. 2. Each party will bear their own costs. **Delivered and signed at Nyandarua, this 25th day of June 2026** **KIARIE WAWERU KIARIE** **JUDGE**