https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9582

In re Estate of Gichere (Deceased) (Succession Cause 96 of 2017) [2026] KEHC 9582 (KLR) (2 July 2026) (Ruling) Neutral citation: [2026] KEHC 9582 (KLR) Republic of Kenya In the High Court at Nyahururu Succession Cause 96 of 2017 LN Mutende, J July 2, 2026 IN THE MATTER OF THE ESTATE OF WANJIKU NJOROGE GICHERE (DECEASED) Between Naomi Waithira Njoroge Petitioner and Margaret Wangari Kaguku Objector Ruling 1.By summons dated 28th March, 2025, the Applicant seeks orders thus;1.Spent.2.That a fresh grant of Letters of Administration intestate do issue under the cause number High Court at Nyahururu Succession Cause No. 96 of 2017.3.That the Honourable Court’s Deputy Registrar be authorized to execute transfer instruments, mutation forms and application for Land Control Board’s consent on behalf of Naomi Waithira Njoroge.4.That the Land Registrar – Nyandarua to dispense with the production of copies of Identity Card, PIN certificate and passport size photographs of Naomi Waithira Njoroge while executing the certificate of confirmation of grant dated 28th May, 2020.5.In the alternative, the grant of letters of administration issued to the Petitioner on the 16th March, 1998 be revoked and a fresh grant and certificate of confirmation of grant to issue to Margaret Wangari Kaguku.6.That the costs of this application be provided for. 2.The application is supported by an affidavit deposed by Margaret Wangari Kaguku who depones that by a judgment dated 28th July, 2022 the Applicant was awarded 27.6 acres whereas the Respondent was awarded 5 acres of the Estate. That a grant of Letter of Administration Intestate was issued on the 16th March, 1998, under cause number Nyahururu PMC Succession Cause No. 35/1997 hence it is necessary for a grant to be issued under the current case number. 3.Further, that the Petitioner has failed to apply for subdivision and transfer of the land as per the judgment of 28th August, 2022, hence the prayer for grant to be issued and for the Deputy Registrar to execute transfer instruments in favour of Naomi Waithira Njoroge. 4.In a response thereto, the Respondent filed a replying affidavit where she deposed that the prayers sought by the Objector/Applicant are incapable of being granted. That the prayer for issuance of a fresh grant in the matter; Nyahururu High Court Succession Cause No. 96 of 2017, has no basis, as a fresh grant can only be issued if the original grant is revoked and no basis has been laid for the revocation of the original grant. 5.That the prayer that the Deputy Registrar be authorized to execute transfer instruments, mutation forms and Land Control Board consent forms on her behalf have no basis as no evidence has been availed to demonstrate that she has failed or declined to execute the said documents and the prayer that the Land Registrar Nyandarua dispenses with the production of copies of her ID, PIN and her photographs have no basis; there is no evidence that she has failed or refused to avail a copy of her ID, PIN and photographs. 6.Also, that the prayer that revocation of the grant dated 19th March, 1998 in her favour and issuance of a grant in favour of the Objector Margaret Wangari Kaguku has no basis. That the matter was heard culminating into the judgment dated 28th July, 2022 and the court did not revoke the grant which makes the plea for revocation of the grant seeking the matter to be heard. 7.When this matter came up for hearing, the firm of Murimi, Mbago& Muchela Advocates that represented the Respondent sought to cease acting for her, an application that was allowed on 21st October, 2025. The Respondent appeared in person on 26th November, 2026 and sought time to instruct another advocate, an application that was allowed. On 21st January, 2026 learned counsel Mr. Mwenda appeared for the Respondent; this was following the firm of Murimi, Mbago & Muchela being reappointed to represent the Respondent. Despite objections raised by the Applicant’s counsel on further adjournments the court granted the Respondent more time following sentiments by her counsel that necessary documents had been signed and it had been organized to have them sent to the firm of Waichungo Martin & Co. for the Applicants for the execution of the next phase of execution. 8.On the same date, 3rd February, 2026, there was no objection to issuance of a fresh grant to synchronize the two (2) documents an order that was granted pursuant to prayer 2 of the application. 9.On 9th March, 2026, Mr. Mwenda notified the court that the process of transfer had not been done the problem being logistics, they required a month to finalize, a prayer that was vehemently objected to by Mr. Waichungo who urged that the transfer instrument alleged to have been sent to them was yet to be received. To him the Respondent was not truthful hence he sought grant of prayer 3 of the application. To that Mr. Mwenda stated that he had reached the end of the conflict. Both parties chose to rely on the affidavit evidence filed. 10.I have considered the application, affidavits in support, and opposition as well as sentiments of rival counsels. 11.Upon confirmation of grant of letters of Administration Intestate, the Administrator of the Estate is expected to distribute the Estate as provided in the schedule of distribution. By the court order dated 28th July, 2022, it was found that the Applicant (Margaret Wangari Kaguku) was entitled to 27.6 acres while the Respondent/Petitioner, Naomi Waithira Njoroge was entitled to 5 acres. 12.It is urged that the Respondent/Petitioner/Administratix has failed to apply for subdivision and transfer of the land pursuant to the order of the court, an allegation that she denies. What transpired in court however suggests reluctancy on her part to initiate the process of subdividing and ultimate transfer of the land. 13.In Re-Estate of Gakunyua Ndegwa alias Gakinyua Ndegwa (deceased) the court held that;“Section 47 of the Act and rules 73 of the Probate & Administration Rules give the court powers to entertain any application and make orders as may be necessary for the ends of justice such as the instant application. The grant in the instant succession cause was confirmed on July 22, 2020 which was one (1) year down the line up to the time of filing this application. This is delay that could lead to a grant being revoked under Section 76 of the act. Therefore section 47 of the Act and rule 73 of the Probate & Administration Rules empowers the court to enforce its orders and give effect to the administration of the instant estate.The duties of personal representatives are fiduciary in nature as explained in section 83 of the Law of Succession Act. The administrator(s) of the deceased’s estate has a duty to distribute the estate to the beneficiaries under section 83(f) while section 83(g) provides for administrators’ duty to render the accounts. This was elaborated in the case of Ngumi Kerugoya Succession Cause No 36 of 2013 Re Estate of Wilfred Munene (deceased) [2020] eKLR where the learned judge stated:-“Section 83(g) of the Act mandates administrators of an estate to, within six months of the confirmation of grant or longer period as the court may allow, complete the administration of the estate, and to produce to the court a full and accurate account of the completed transaction.”The respondent alleges that the documents sent to him for execution through his advocate were not in compliance with the law. If this was the position, the respondent ought to have instructed his advocate to return them to the applicant’s advocate. The respondent’s advocate was also in a position to prepare the correct documents and send over to the applicant’s advocate because his client was a co-administrator. The excuse by the respondent is not justifiable in the delay of over one year.” 14.From the foregoing, I do exercise powers granted by Section 47 of the Laws of Succession Act and Rule 73 of the Probate and Administration Rules by directing as follows;i.The Respondent shall avail copies of her identification documents, personal identification number certificate so as to execute transfer in favour of the Applicant within 14 days hereof.ii.In default, the Court Deputy Registrar to execute transfer documents, mutation forms and application for Land Control Board’s consent on her behalf.iii.To that end, the Land Registrar – Nyandarua to dispense with the production of copies of Identity Card, PIN certificate and passport size photographs of the Respondent, Naomi Waithira Njoroge. 15.It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 2ND DAY OF JULY, 2026.……………………L.N. MUTENDEJUDGE