https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10732

In re Estate of Ruri alias Njogu Buri (Deceased) (Succession Cause 887 of 2013) [2026] KEHC 10732 (KLR) (14 May 2026) (Ruling) Neutral citation: [2026] KEHC 10732 (KLR) Republic of Kenya In the High Court at Kerugoya Succession Cause 887 of 2013 EM Muriithi, J May 14, 2026 IN THE MATTER OF THE ESTATE OF NJOGU RURI ALIAS NJOGU BURI (DECEASED) Between Mary Wanjira Njogu Petitioner and Alice Muthoni 1st Respondent Morris Munene Nguruka 2nd Respondent Mary Wanjira Nguruka 3rd Respondent Cyrus Bundi Muchiri 4th Respondent Mary Wanjira Muchiri 5th Respondent Ruling 1.The Petitioner applicant filed Summons dated 29th April, 2024 seeking the following specific orders:1.That the honourable court be pleased to order the 1st 2nd and 3rd Respondents to sign LRA 42, LRA 50 forms, mutation form, application for land control board consent in the alternative the Court’s Deputy Registrar do sign LRA 42, LRA 50 forms, the mutation form and Application for Land Control Board and consent on behalf of the 1st, 2nd and 3rd Respondents in execution of the Certificate of Grant issued on 5th August, 2009.2.That the honourable Court be pleased to order the Land Registrar to dispense with production of 1st, 2nd and 3rd Respondents National Identity Cards, passport, photographs and pin certificates during registration of the Grant issued on 16th June, 2009, subdivision and Land Control Board meeting.3.That the costs of the application be in the cause. 2.The application was supported by the supporting affidavit of the applicant setting out the applicant’s case is that she is the administrator/applicant hence competent to swear this Affidavit. She is one of the beneficiaries in respect to the estate of the deceased herein. The applicant avers that letters of administration intestate were issued by this Honourable Court on 5th August, 2009. The grant issued was confirmed by this Honourable Court on 16th June, 2016. Further, the applicant avers that Alice Muthoni, Morris Munene Nguruka, Mary Wanjira Nguruka, Cyrus Bundi Muchiri,Mary Wanjira Muchiri & Catherine Wambui Muchiri who are beneficiaries in this estate have refused to sign the necessary forms to enable the process to be completed. Lastly, it would be proper and just for this Court to allow this application so that the process can be completed. 3.The respondents have not filed a replying affidavit. Issue 4.Whether this Court should authorize execution of the relevant documents by the Deputy Registrar Analysis 5.The issue for determination is whether this Court should authorize execution of the relevant documents by the Deputy Registrar and dispense with the production of the respondents’ identification documents for purposes of implementing the confirmed grant. 6.Section 47 of the Law of Succession Act grants this Court wide jurisdiction to entertain any application and determine any dispute under the Act and to pronounce such decrees and make such orders as may be expedient. 7.Rule 73 of the Probate and Administration Rules preserves the inherent powers 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. 8.Under Section 83 of the Law of Succession Act, Cap 160 Laws of Kenya, personal representatives are under a statutory duty to complete administration of the estate and distribute the assets to the beneficiaries without unreasonable delay. Section 83(g) of the Act mandates administrators of an estate to, within six months of 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 administration. 9.The confirmed grant herein has not been challenged, revoked or set aside. It therefore remains valid and binding upon all beneficiaries. The respondents cannot lawfully frustrate implementation of a lawful court order by refusing to execute documents necessary for transmission and subdivision of the estate property. 10.The Court notes the ruling of the Court delivered on 18/6/2029 dismissing an application seeking rectification of “the grant to bring in a person who is not a beneficiary entitled to the estate of the deceased.” 11.In re Estate of Wilfred Munene Ngumi (DCD) [2020] KEHC 1873 (KLR) held:“It is evident from the Applicant’s affidavit in support of the application and oral arguments by her Advocate, Mr. Kahiga, that the respondents have refused to sign the necessary documents to facilitate execution of the court’s Judgment/decree. To prevent abuse of the court process, by the above legal provisions, this court has inherent powers to prevent such abuse. I therefore find, and hold that the petitioner’s summons dated 23/9/2019 and filed on the 25/9/2019 to be merited.” 12.The duty of this Court is to ensure that estates are administered efficiently and beneficiaries obtain their respective entitlements without unnecessary delay. The conduct complained of by the applicant amounts to obstruction of the administration process. 13.Despite service (See Affidavits of Serve of Paul Muhoro Maina of 3/7/2025 and 13/2/2026), the Respondents did not attend Court or file any response. Orders 14.Accordingly, for the reasons set out above, the Court finds merit in the application dated 29/4/2024 and it is allowed as prayed 1 and 2 of the Summons. 15.There shall be no orders as to costs.Orders accordingly. DATED AND DELIVERED THIS 14TH DAY OF MAY 2026.EDWARD M. MURIITHIJUDGEAppearances:Ms. Mary Wanjiru Njogu Applicant in person.N/A for the Respondents.