https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12947
The court found the application merited because the omitted property NAIROBI/BLOCK 82/3773 belonged to the estate and had been left out only because it was still charged at the time of filing; the grant was therefore amended to include it and the administrator was directed to file a distribution schedule with...
Source-derived case information.
- Citation
- [2026] KEHC 12947 (KLR)
- Parties
- Applicant / Widow / Sole Administrator: JULIANA MORAA MOGENDI; Deceased Estate: Estate of the late CHARLES MAINA MOKAYA
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 358 of 2008
- Procedural Posture
- Succession Cause Application for Amendment of Grant of Letters of Administration / Ruling on Application for Amendment of Grant
- Outcome
- Application allowed
- Judges
- ["Sifuna Nixon"]
- Legal Topics
- Amendment of Grant, Omission of Property From Petition, Confirmation/distribution of Estate Property, Administration of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JULIANA MORAA MOGENDI
Applicant / Widow / Sole Administrator
Estate of the late CHARLES MAINA MOKAYA
Deceased Estate
Procedural Posture
Succession Cause Application for Amendment of Grant of Letters of Administration / Ruling on Application for Amendment of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be amended to include omitted property
- 2 Whether the explanation for the omission of the property was satisfactory
Ratio Decidendi
The court found the application merited because the omitted property NAIROBI/BLOCK 82/3773 belonged to the estate and had been left out only because it was still charged at the time of filing; the grant was therefore amended to include it and the administrator was directed to file a distribution schedule with beneficiary consents.
Court Disposition
Application allowed
Orders
- Grant of Letters of Administration issued on 19th October 2009 amended to include NAIROBI/BLOCK 82/3773
- An Amended Grant to issue
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KISII** **SUCCESSION CAUSE NO. 358 OF 2008** **IN THE MATTER OF THE ESTATE OF THE LATE CHARLES MAINA MOKAYA (DECEASED)** **RULING** 1. This is an application for amendment of the Grant of Letters of Administration issued in this cause on 19th October 2009. The Application is dated 1st April 2026. It has been made by JULIANA MORAA MOGENDI the widow of the late CHARLES MAINA MOKAYA, and who is also the sole Administrator of the Estate. 2. The Application which is supported by the Supporting Affidavit of the said JULIANA MORAA MOGENDI, has stated that it is made pursuant to the provisions of Section 71 of the Law of Succession Act (Cap 160 Laws of Kenya). It has stated that the said Grant and even the Petition itself, did not include one property of the deceased. Namely NAIROBI/BLOCK 82/3773. Which is a house at Donholm Estate in Embakasi, Nairobi. 3. It has further stated that the reason she (Juliana) did not include this property in the Petition, was because it was on mortgage, and by that time, the mortgage had not yet been discharged. That it is only later, that the bank discharged it. ***Determination*** 1. Upon considering the Application, I find it to have merit, hence I hereby allow it accordingly. With the consequence that the Grant of Letters of Administration of this Estate, issued on 19th October 2009, shall be amended to include the said property. For avoidance of doubt, the property is NAIROBI/BLOCK 82/3773. An Amended Grant in those terms shall issue. The Administrator shall file a distribution schedule detailing how this property shall be distributed or which beneficiary/beneficiaries it shall go to. The same be accompanied by consents of all the beneficiaries, to the proposed distribution/sharing 2. There shall be no orders as to the costs of this Application. **DATED and DELIVERED at KISII on this 29th day of July 2026.** **PROF (DR) NIXON SIFUNA** **JUDGE**