https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10126
The court declined to confirm the grant because the record lacked a replying affidavit and the beneficiaries had not signed consent to the proposed distribution. Given the longstanding unresolved nature of the matter, the court instead issued a final notice and directed attendance of counsel to show cause and...
Source-derived case information.
- Citation
- [2026] KEHC 10126 (KLR)
- Parties
- 1st Administrator / Applicant: ABDALLA AHMED ALI; 2nd Administrator / Applicant: GHAYA AHMED ALI; 3rd Administrator / Applicant: SHARIFA AHMED ALI; 4th Administrator / Applicant: ABDUL K. AHMED ALI; Subject Matter: Estate of Ahmed Ali Fareh Maktari (Deceased)
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 245 of 1998
- Procedural Posture
- Succession Cause; Summons for Confirmation of Grant / Ruling on Summons for Confirmation of Grant; No Final Confirmation Granted
- Outcome
- Grant not confirmed; matter stood over for further directions
- Judges
- ["RN Nyakundi"]
- Legal Topics
- Confirmation of Grant, Distribution of Estate, Consent by Beneficiaries, Delay in Succession Proceedings, Administration of Intestate Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ABDALLA AHMED ALI
1st Administrator / Applicant
GHAYA AHMED ALI
2nd Administrator / Applicant
SHARIFA AHMED ALI
3rd Administrator / Applicant
ABDUL K. AHMED ALI
4th Administrator / Applicant
Estate of Ahmed Ali Fareh Maktari (Deceased)
Subject Matter
Procedural Posture
Succession Cause; Summons for Confirmation of Grant / Ruling on Summons for Confirmation of Grant; No Final Confirmation Granted
Legal Issues
- 1 Whether the grant of letters of administration should be confirmed
- 2 Whether the beneficiaries had agreed and signed consent to the mode of distribution
- 3 Whether the absence of a replying affidavit or signed consent justified further directions instead of confirmation
Ratio Decidendi
The court declined to confirm the grant because the record lacked a replying affidavit and the beneficiaries had not signed consent to the proposed distribution. Given the longstanding unresolved nature of the matter, the court instead issued a final notice and directed attendance of counsel to show cause and regularize compliance with the Law of Succession Act.
Court Disposition
Grant not confirmed; matter stood over for further directions
Orders
- Notice of attendance of the legal team scheduled virtually for 15th July 2026.
- Parties to appear and take steps toward compliance with the Law of Succession Act.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT AT ELDORET** **SUCCESSION CAUSE NO. 245 OF 1998** **IN THE MATTER OF THE ESTATE OF AHMED ALI FAREH MAKTARI (DECEASED)** **Coram: Before Justice R. Nyakundi** **M/S Yusuf Bashir & Company Advocates** **M/S Birir & Company Advocates** **RULING** 1. Before this Court is Summons for Confirmation of Grant dated 26th November 2025, seeking the following orders: 2. *That the grant of letters of administration intestate made to the said ABDALLA AHMED ALI, GHAYA AHMED ALI, SHARIFA AHMED ALI and ABDUL K. AHMED ALI on 3rd March 2010 be confirmed as provided for under Section 71 cap 160 of laws of Kenya.* 3. *That the cost of this application be in the cause.* 4. In support of the application is the sworn affidavit of Ghaya Ahmed Ali who deponed as follows: 5. *THAT I am an adult of sound mind and disposition and the 2nd Administrator of the estate of the above-named AHMED ALI FAREH MAKTARI well conversant with the facts and issues herein, duly authorized by the 1st, 3rd and 4th Administrators and therefore competent to swear this Affidavit.* 6. *THAT I am a beneficiary herein together with the others hence competent and authorized to swear this Affidavit.* 7. *THAT a Grant of Letters of Administration of the estate was made to us in this matter by the High Court of Kenya-Succession Court at Nairobi on the 3rd day of March, 2010.* 8. *THAT in respect to property ELDORET MUN/BLOCK 5/221, the AHMED ALI FAREH MAKTARI (Deceased) was survived by the following persons:* 9. *RUKAYA AHMED ALI-Deceased through* 10. *NAGIB MOHAMED SHAMSAN Grandchild* 11. *NURU MOHAMED Grandchild* 12. *FEISAL MOHAMED Grandchild* 13. *NAIMA MOHAMED Grandchild* 14. *MOHAMED AHMED ALI-Deceased through* 15. *NURU MOHAMMED ALI Grandchild* 16. *KHALILA MOHAMMED ALI Grandchild* 17. *JAMAL MOHAMED ALI-Deceased through son Grandchild* 18. *SOPHIA MOHAMMED ALI.......Grandchild(v)FARIDA MOHAMMED ALI Grandchild* 19. *LEILA MOHAMMED ALI Grandchild* 20. *DALILA MOHAMMED ALI Grandchild* 21. *GHAYA AHMED ALI Daughter* 22. *SHARIFA AHMED ALI Daughter* 23. *THAT no application for provision for dependants is pending.* 24. *THAT the identification and shares of all persons beneficially entitled to the said estate have been ascertained and determined as follows:* | | | | --- | --- | | ***ASSET*** | ***SHARE*** | | *ELDORET MUN/BLOCK 5/221* | *To be sold after valuation and the proceeds of the sale together with the rent collected from the year 2016 to date be shared equally among the four beneficiaries i.e. Ghaya Ahmed Ali, Sharifa Ahmed Ali,Rukaya Ahmed Ali-Deceased (through Nagib Mohamed Shamsan, Nuru Mohamed, Feisal Mohamed and Naima Mohamed) and Mohamed AhmedAli-Deceased1 (through Nuru Mohammed Ali, Khalila Mohammed Ali, Sophia Mohammed Ali, Farida Mohammed Ali, Leila Mohammed Ali, Dalila Mohammed Ali and the son of Jamal Mohammed ALI).* | 1. *THAT the adult dependants are agreeable and have consented to the aforesaid mode of distribution.* 2. *THAT no estate duty is payable in Kenya in respect of the estate of the deceased.* **Decision** 1. This matter has been outstanding for a long time without parties reaching a compromise on settling the issue of confirmation. I have checked both the physical record and the online platform. There is no corresponding replying affidavit to the summons for the confirmation of grant dated 26th November 2025. As if that is not sufficient the consent to the mode of the distribution to the estate is yet to be signed by the beneficiaries. 2. The best that can be done under procedural law, is to issue a final notice for the parties to show how long is enough for the beneficiaries duly identified to take positive steps in complying with the Law of Succession Act. The suit paper filed by the parties dating way back to 1988 scream for attention for justice delayed is justice denied. 3. Following these directions, a notice of attendance of the legal team is scheduled for virtually on 15th July 2026. It is so ordered. **DATED, SIGNED AND DELIVERED AND PUBLISHED VIA CTS THIS 8TH DAY OF JULY 2026.** **…………………………………….** **R. NYAKUNDI** **JUDGE**