https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8892
The court confirmed the grant because all beneficiaries were present or later availed, were interviewed, and expressly confirmed awareness of the application and lack of objection to the proposed distribution.
Source-derived case information.
- Citation
- [2026] KEHC 8892 (KLR)
- Parties
- Deceased: Estate of Wilson Wainaina Kinuthia; Petitioner/applicant: Stephen Kinuthia; Petitioner/applicant: Simon Njiiri Wainaina
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration E005 of 2025
- Procedural Posture
- Probate and Administration Confirmation of Grant / Summons for Confirmation of Grant
- Outcome
- Summons for confirmation of grant allowed.
- Judges
- ["GL Nzioka"]
- Legal Topics
- Confirmation of Grant, Intestate Succession, Beneficiaries' Consent, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Estate of Wilson Wainaina Kinuthia
Deceased
Stephen Kinuthia
Petitioner/applicant
Simon Njiiri Wainaina
Petitioner/applicant
Procedural Posture
Probate and Administration Confirmation of Grant / Summons for Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should be confirmed
- 2 Whether all beneficiaries had been properly involved and consented to the proposed distribution
- 3 Whether the supporting affidavit and proposed mode of distribution were sufficient for confirmation
Ratio Decidendi
The court confirmed the grant because all beneficiaries were present or later availed, were interviewed, and expressly confirmed awareness of the application and lack of objection to the proposed distribution.
Court Disposition
Summons for confirmation of grant allowed.
Orders
- The summons for confirmation of grant dated 14 April 2026 is allowed as prayed.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
1 paragraphs
In re Estate of Kinuthia (Deceased) (Probate & Administration E005 of 2025) [2026] KEHC 8892 (KLR) (22 June 2026) (Ruling) Neutral citation: [2026] KEHC 8892 (KLR) Republic of Kenya In the High Court at Murang'a Probate & Administration E005 of 2025 GL Nzioka, J June 22, 2026 IN THE ESTATE OF WILSON WAINAINA KINUTHIA……….. DECEASED In the matter of Stephen Kinuthia & Simon Njiiri Wainaina Petitioner Ruling 1.The Summons for confirmation of grant dated 14th April 2026 refers. The same is considered and noted that the applicant is seeking that, the grant of letters of administration intestate issued to Stephen Kinuthia Wainaina and Wilson Wainaina Kinuthia alias Wainaina Kinuthia be confirmed. That the costs be in the cause. 2.The application is supported by the affidavit of both applicants jointly sworn, which in the considered opinion should have been sworn by either applicant and/or with authority of the other. Be that as it were, the applicant lists at paragraph 2 thereof, the beneficiaries of the estate of the deceased. In addition. the proposed mode of distribution is indicated at paragraph 6 of the affidavit. 3.Upon considering the application the court orders that the same be heard in the presence of all the beneficiaries. Subsequently thereto,the matter was heard on 16th June 2026 whereupon the court interviewed the beneficiaries as indicated in the proceedings. Notably one beneficiary did not have his identification card and another was absent as he was said to be in a rehabilitation centre.However, thereafter the beneficiary who did not have the ID/card provided it and the one who was in the rehabilitation centre was availed for interview and he confirmed that he is aware of the application and prayers therein. 4.Upon considering the summons, I note that all the beneficiaries were in court. They were interviewed and confirmed that, they are aware of the matter in court and have no objection to the grant of the orders sought. As a result, the summons for confirmation of grant herein dated 14th April 2026, be and is hereby allowed as prayed.It is so ordered.The decision to be published. GRACE L. NZIOKAJUDGE22/6/2026