https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7743

In re Estate of Malaki Wilson Warambo (Deceased) (Succession Cause E845 of 2025) [2026] KEHC 7743 (KLR) (Family) (21 May 2026) (Ruling) Neutral citation: [2026] KEHC 7743 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Succession Cause E845 of 2025 CJ Kendagor, J May 21, 2026 ESTATE OF MALAKI WILSON WARAMBO Ruling 1.Malaki Wilson Warambo died on 24th March, 2025. He died intestate. His daughters, Bessie Warambo and Jane Warambo (Citors), filed a citation in Probate and Administration Case No. E845 of 2025. They cited Anne Aluoch Warambo, his widow, and Edwina Odera Warambo, Andrew Alfayo Warambo and Isaac James Warambo, who are his daughter and sons, respectively. 2.Under Rule 22 of the Probate and Administration Rules, a Citation to accept, refuse, or take a grant may be issued at the instance of any person who would be entitled to a Grant if the person cited renounces their right thereto. 3.The Citors also filed Summons dated 27th October, 2025 in which they sought the following orders;i.That this application be certified as urgent and service of the same be dispensed with at the first instance for reasons to be recorded;ii.That this honourable court be pleased to make an order prohibiting the respondents, their servants, agents and/or any other person whomsoever acting on their express or implied instructions from dealing or otherwise effecting any registration of any sale, charge, mortgage, lease, licence, transfer or any other dealing whatsoever with the properties listed hereunder pending the inter partes hearing and determination of this application and subsequently upon their inter partes hearing hereof, until further orders of the court, namely;a.Bank Accounts No. 1107xxxxxx and No. 1144xxxxxx at KCB Bank Limited – Sarit Centre Branch;b.Bank Account No. 01-501-00xxxx-xx at Standard Chartered Bank Limited – Kenyatta Avenue Branch;c.House at Loresho, Kibagare Way No.44. Plot No. LR 2203 00xxxx (valued at approximately Kshs.75 million);d.25 Acres property at Kitale – LR No. Trans Nzoia/Makutano/xx (valued at approximately Kshs.80 million);e.Kagilo property in Gem, Siaya County (valued at approximately Kshs.15 million);f.Shares with East African Breweries – Shareholder No. 475xxxx;Items of sentimental value:g.Dad’s portrait in graduation gown;h.3 Omega watches;i.Art work;j.Cuff links;k.Assorted books and magazines;l.Brief cases;m.Log book for motor vehicle registration mumber KAQ xxxP – Rav 4;n.Deceased’s reading glasses;o.Deceased’s iPad;p.Digital music player;q.Assorted parker pens;r.Deceased’s personal notes/letters to him from his children’s speeches and diaries;s.All photos of deceased;t.All valuable possessions of the deceased’s first wife (Edwina Odera Warambo – deceased);u.All photos of deceased’s first wife (Edwina Odera Warambo – deceased) and relatives;v.All photos of the deceased’s children;w.Deceased’s hats, ties and graduation gown;x.Deceased’s personal identification documents and degree certificates;y.Writing desk and chair;z.Two antique single chairs.iii.That the Citees/Respondents be and are hereby ordered to render on oath just and true inventory and account of the deceased’s assets and their dealings respectively with the said assets of the deceased’s estate in particular; the assets listed in prayer number 2 above;iv.That the costs of this application be paid from the estate. 4.Upon service of the Citation, the Citees confirmed during their Court attendance on 15th December, 2025, their willingness to file the petition within a period of 30 days. Thereafter, they duly filed a Petition for the Grant of Letters of Administration Intestate in the High Court of Kenya at Nairobi, Family Division Milimani P&A Cause No. E115 of 2026. 5.The Citors have asked the Court to consolidate the two files and proceed to consider the prayers outlined in the application dated 27th October, 2025. 6.The Citees, in their grounds of opposition dated 28th November, 2025 assert that the orders being sought do not fall within the scope of the citation cause and therefore should not be granted. Analysis and determination 7.Upon consideration of the application, the accompanying affidavit, the grounds of opposition, and the arguments presented by both parties in the submissions, the primary issues for determination are whether the two causes should be consolidated and whether the prayers outlined in the application dated 27th October, 2025 should be granted. 8.The Law of Succession Act and the Probate and Administration Rules establish procedures for parties seeking Court intervention in succession matters, allowing for various approaches, including citations and caveats, where no probate matter has been filed. 9.To avoid abuse of the Court process and for good order, any proceedings for Letters of Administration initiated after the filing of a citation or caveat should ordinarily be filed in the same case file. The underlying principle is that a single Grant of Letters of Administration is issued for each estate, except when the Grant has been revoked and a new one issued. 10.The High Court has jurisdiction under the provisions of Section 47 of the Law of Succession Act and Rule 73 of the Probate & Administration Rules to issue such orders and decrees as may be expedient and necessary for the ends of justice. 11.The Court may therefore initiate action either upon application or suo moto, to issue directives aimed at circumventing parallel proceedings. Each case is evaluated based on its individual merits, and orders are issued to address the specific circumstances of the matter at hand. 12.In the present estate, the petition for the Grant of Letters of Administration intestate was filed in a separate cause, P&A Cause No. E115 of 2026. Ordinarily, a citation cause calls upon a beneficiary to accept or refuse Letters of Administration. Once the beneficiaries accept or to take out Letters of Administration, there is nothing left to canvass in the citation cause. Should this file be consolidated with the file that has the petition? 13.Beyond the citation, the orders sought in the Summons dated 27th October, 2025 seek to restrain any adverse action over the estate’s assets and to require the Citees to render an account of the estate’s assets and dealings. On the face of the application, the Citors advance a ground that the Citees had refused to account for the assets and have failed to cooperate in applying for a Grant of Letters of Administration, and that there is an imminent threat of waste of the estate’s assets. 14.The Court has the power to issue orders to preserve the estate until any required procedures are properly completed. In Edema & 2 others v Edema & 5 others [2022] KEHC 9960 (KLR), the Court issued status quo orders pending the filing of a probate matter. 15.In the case of John Marete Kirema & Another v Gladys Karimi Muthamia & 3 Others (2013) eKLR, Makau J held as follows:“My understanding of section 45 of the Law of Succession Act is that when the court finds the deceased property is in danger of being intermeddled with it can on its own motion issue appropriate orders to preserve the deceased estate pending regularization of any process that needs to be regularized…” 16.I have perused the file P&A Cause No. E115 of 2026. The matter has been duly gazetted, and the Citors in this citation have formally lodged an objection to the issuance of the Grant. 17.The purpose of citations is primarily procedural rather than substantive; they serve to ensure that succession processes are not unduly delayed. I conclude that following the probate filing, there are no outstanding issues regarding the regularization of the filing of the petition for letters of administration; thus, the citation is effectively rendered moot. 18.In the Supporting Affidavit accompanying the application, the Citors have articulated their concerns about potential intermeddling by the 1st Citee. While the Court has the power to issue orders for the preservation of the estate, the Citors have not specified any particular actions to substantiate their apprehensions, thereby rendering their claims speculative. 19.The affidavit presents issues regarding the determination of the extent of the estate and the associated rights over the assets involved. The appropriate forum for resolving the competing claims among the widow, sons and daughters of the deceased regarding the determination of the extent of the deceased’s estate and rights over the assets is in the primary probate proceedings. Those orders cannot be granted in the context of the citation cause. 20.Disposition;i.The application dated 27th October, 2025 is struck out with no order as to costs.ii.The Citation Cause P&A E845 of 2025 is hereby closed.iii.The succession proceedings concerning the Estate of Malaki Wilson Warambo shall proceed in the High Court of Kenya at Nairobi, P&A No. E115 of 2026, which file comes up for directions on 27th May, 2026. 21.Orders accordingly. DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM ON THIS 21ST DAY OF MAY, 2026.....................................C. KENDAGORJUDGEIn the presence of:Court Assistant: Beryl AnindoMr. Ochieng Advocate for the Citors/ApplicantsMr. Echesa Advocate for the Citees/Respondents