https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11390

In re Estate of Kiama (Succession Cause 665 of 2003) [2026] KEHC 11390 (KLR) (Family) (23 July 2026) (Ruling) Neutral citation: [2026] KEHC 11390 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Succession Cause 665 of 2003 HK Chemitei, J July 23, 2026 IN THE MATTER OF THE ESTATE OF LEAH MURUGI KIAMA Between Leah Murugi Karega Citor and Esther Muthoni Karega 1st Citee Dorcas Njambi Karega 2nd Citee Faith Wanjiku Karega 3rd Citee Nancy Waithereru Karega 4th Citee Josephine Ngendo Karega 5th Citee and Moses Kiama Karega Citor and Ibrahim Chege Karega 1st Citee Christopher Kangethe Karega 2nd Citee Ruling 1.Before this Court for determination is a citation to accept or refuse letters of administration intestate dated 19th November 2025. The Citation is premised on the grounds on the face of it and the contents of the affidavit in verification of proposed citation. The citor claims to be a granddaughter and a beneficiary of the Estate of the deceased through his father James Karega Kiama (deceased) who was a beneficiary of the Estate of the Deceased herein. 2.James Karega Kiama (deceased), who was one of the administrators of the Estate of Leah Murugi Karega (deceased herein), administered the Estate jointly with his brother, Aggrey Karega Kiama, who is the current surviving administrator. James Karega Kiama died on 29th August 2017, leaving behind nine adult children as his surviving beneficiaries. 3.Under the confirmed grant in the Estate of Leah Murugi Karega, he had been allocated Plot No. NKR/MUM BK 3/484, Nakuru, and a share of L.R. No. 12167/15, Lanet, Nakuru, measuring 3.762 hectares, as well as funds held in Family Bank Account No. 019xxxxxx51. However, he died before the transmission of Plot No. NKR/MUM BK 3/484 and his share in L.R. No. 12167/5 was completed. 4.Following his death, Aggrey Karega Kiama together with Ibrahim Chege Karega and Moses Kiama Karega obtained a limited grant and an amended certificate of confirmation of grant. However, the limited grant issued to Ibrahim Chege Karega and Moses Kiama Karega was subsequently revoked by the High Court in Nakuru Succession Cause No. 6 of 2019. In that ruling, the Court directed the Citor and her siblings, being the beneficiaries of the Estate of James Karega Kiama, to petition for letters of administration in respect of his Estate. The Citor contends that, despite this direction, no petition has been filed since the beneficiaries have been reluctant to do so. She therefore seeks orders citing the beneficiaries to either accept or refuse to take out letters of administration intestate to enable her to petition for the grant. 5.That the survivors and/or beneficiaries of the Estate of James Karega Kiama (deceased) are as follows;1.Leah Murugi Karega. ID No. 222xxxx87 Daughter Adult2.Esther Muthoni Karega. ID No. 222xxxx72 Daughter Adult3.Dorcas Njambi Karega. ID No. 255xxxx22 Daughter Adult4.Faith Wanjiku Karega. ID No. 256xxxx10 Daughter Adult5.Nancy Waithereru Karega. ID No. 277xxxx47 Daughter Adult6.Josephine Ngendo Karega. ID No. 295xxxx08 Daughter Adult7.Moses Kiama Karega. ID No. 341xxxx64 Son Adult8.Ibrahim Chege Karega. ID No. 367xxxx14 Son Adult9.Christopher Kang’ethe Karega. ID No. 366xxxx52 Son Adult Issues for determination 6.Having considered the grounds upon which the citation is founded, the affidavit in support thereof and the material placed before the Court, the issue falling for determination is whether the Citor has established sufficient grounds for the issuance of a citation compelling the Citees to either accept or refuse letters of administration intestate in respect of the Estate of James Karega Kiama (deceased). 7.The relevant provision of the law that on citations is Rule 22(1) of the Probate and Administration Rules and it states as follows;“A citation may be issued 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.” 8.From this provision, it should be noted that the emphasis is that is that a person making a citation would himself be entitled to a grant in the event the person cited renounces his right thereto. The question the Court needs to answer in determining the issue drawn as being for determination is whether the citor is one such person. 9.Part V of the of the Law of Succession Act under Section 38, the Act provides as follows: -“Where intestate has left a surviving child or children but no spouse Where an intestate has left a surviving child or children but no spouse, the net intestate estate shall, subject to the provisions of sections 41 and 42, devolve upon the surviving child, if there be only one, or shall be equally divided among the surviving children.” 10.Further Section 66 of the Law of Succession Act provides as follows;“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 –a.surviving spouse or spouses, with or without association of other beneficiaries;b.other beneficiaries entitled on intestacy, with priority according to their respective beneficial interests as provided by Part V;c.the Public Trustee; andd.creditors:Provided that, where there is partial intestacy, letters of administration in respect of the intestate estate shall be granted to any executor or executors who prove the will.” 11.In the present case, it is not disputed that James Karega Kiama (deceased) was survived by nine children, who are the Citees herein. It is equally not disputed that the Citor is the daughter of one of the deceased's children, who has since passed away. It is further common ground that the Estate of the Citor's grandmother, Leah Murugi Karega (deceased), has not been fully administered and distributed, with the result that the share due to James Karega Kiama (deceased) has not yet devolved to his estate. Consequently, no personal representative has been appointed to administer his estate and receive his entitlement for the benefit of his beneficiaries. 12.Section 47 of the Law of Succession Act gives the Court the power to pronounce itself on any Application before it in a manner that it considers just and expedient. It provides that:“The High Court shall have jurisdiction to entertain any application and determine any dispute under this Act and to pronounce such decrees and make such orders therein as may be expedient…” 13.Further, Rule 73 of the Probate and Administration Rules provides as follows;“Nothing in these Rules shall limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.” 14.In light of the foregoing findings, I am satisfied that the Citor has the requisite legal standing to institute these citation proceedings against the Citees. The material before the Court demonstrates that, despite the directions issued by the High Court in Nakuru Succession Cause No. 6 of 2019 requiring the Citor together with the Citees to petition for a Grant of Letters of Administration Intestate in respect of the Estate of James Karega Kiama (deceased), no such petition has been filed to date. In the circumstances, the Citor is entitled to invoke the citation procedure to require the Citees to either accept or refuse to take out the grant. 15.Accordingly, the application is allowed as hereunder:(a)The Citees shall, within thirty (30) days from the date of service of this order, enter appearance in these proceedings and signify whether they accept or refuse to apply for a Grant of Letters of Administration Intestate in respect of the Estate of James Karega Kiama (deceased).(b)In the event that the Citees accept to apply for the grant, they shall file and prosecute a Petition for Grant of Letters of Administration Intestate within thirty (30) days of entering appearance.(c)Should the Citees fail to enter appearance within the stipulated period, or having entered appearance fail or decline to petition for the grant within the time directed by the Court, the Citor shall be at liberty to petition for a Grant of Letters of Administration Intestate in respect of the Estate of James Karega Kiama (deceased), in accordance with the Law of Succession Act and the Probate and Administration Rules.(d)The costs of the Citation shall be in the cause. DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 23RD DAY OF JULY, 2026.H.K. CHEMITEIJUDGE, FCIArb.