https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/227

**REPUBLIC OF KENYA** **IN THE MAGISTRATE’S COURT AT NAROK** **CITATION CAUSE E114 OF 2025** **IN THE MATTER OF THE ESTATE OF MULAKWEN OLE NANGIO (DECEASED)** ALICE CHEBET …….……………………………………………………..CITOR VERSUS NYARIRE NANGIYOO ….…………………........................................1ST CITEE KOITAT NANGIYOO ….…………………..........................................2ND CITEE SINTERIA NANGIYOO ….………………….......................................3RD CITEE LEITATO NANGIYOO ….…………………........................................4TH CITEE MALUNCHUI NANGIYOO ….…………………...............................5TH CITEE JOEL NANGIYOO ….…………………................................................6TH CITEE ALEX NANGIYOO ….…………………...............................................7TH CITEE NOONYUAT NANGIYOO ….………………….................................8TH CITEE **RULING** 1. Before court for determination is the citation dated 1st October 2025. The Citor is a daughter of the deceased Joseph Kiprono Ngerechi, a deceased creditor; while the Citees are the deceased’s sons. By the citation, the Citor prays that either the Citees accept or refuse to apply for letters of administration of all the estate or show cause why the same should not be granted to the Citor. 2. The citation is supported by the affidavit of Alice Chebet, the Citor wherein she avers that the Citees are beneficiaries of the deceased’s estate herein but have not taken out letters of administration. That the deceased left assets comprising of CIS MARA/ILMOTIOK 390. That the Citor’s deceased father had purchased CIS MARA/ILMOTIOK 390 and she is in occupation of the property. 3. Although the Citees did not file any document in response to the citation, on 16th December 2025, Mr. Karia Advocate appeared on behalf of the Citees and requested for 30 days to file his documents stating that the case was capable of settlement out of court. To date the Citees have never filed any document despite notice of the existence of the case. **ANALYSIS AND DETERMINATION:** 1. Under section 22 (1) of Probate & Administration Rules, a citation may be issued out at the instance of any person who would himself be entitled to a grant in the event of the person cited renouncing his right thereto. 2. Hon. Sitati, J. considered the purpose of citation proceedings in the case of ***John Osicho vs. Hana Omolo Osewe & another [2013] eKLR*** where she held that: - *A citation is a document issued by the probate registry, whereby the person being the claimant (Citor) calls upon the person cited (citee) to provide a reason why a particular step should not be taken;* *citation occur in both contention and non-contentious probate. In non-contention probate, they serve the purpose of bullying along or fast tracking the issue of a grant of letters of administration.* 1. The Citor herein is the daughter of a deceased creditor. The Citees are the sons of the deceased herein. As such, it is evident that the Citor is not a dependant for the purposes of Section 29 of the Law of Succession Act. In any event, even if the Citor was a creditor of the estate, she is not ranked in parity with the Citees or with any of the surviving children of the deceased. Section 66 of the Law of Succession Act provides that:- *When a deceased has died intestate, the court shall, save as otherwise expressly provided, have a final discretion as to the person or persons to whom a grant of letters of administration shall, in the best interests of all concerned, be made, but shall, without prejudice to that discretion, accept as a general guide the following order of preference-* 1. *The surviving spouse or spouses, with or without association of other beneficiaries;* 2. *Other beneficiaries entitled on intestacy, with priority according to their respective beneficial interests as provided by Part V;* 3. *The Public Trustee; and* 4. *Creditors.* 5. The Citor has attached an acknowledgement of final payment where the vendors are noted as Letetiyio ole Nangiyio and Rupare ole Nangiyioo and the purchaser as Joseph Kipono Ngerechi. It is clear that the alleged the Citor is the daughter of the purchaser who is now deceased. A claim for or on behalf of a deceased person can only be made by a duly appointed administrator of the deceased’s estate. The Citor has not filed any grant to prove her capacity to institute the instant citation on behalf of the estate of her deceased father. In the circumstances, the Citor lacks the requisite standing to make the application. Consequently, the citation herein is dismissed. Since the Citees appeared but did not file any pleadings, each party shall bear own costs. 6. It is so ordered. **READ, SIGNED AND DELIVERED IN VIRTUAL COURT AT NAROK THIS 30TH DAY OF JUNE, 2026.** **E.M. MUTUKU** **Resident Magistrate** **In the presence of:** **Citor N/A** **Citees: N/A** **C/A: Lewis**