https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/13001

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIAMBU SUCCESSION CAUSE NO.E017 OF 2025 IN THE MATTER OF THE ESTATE OF THE LATE DAVID WAMUKIO THAIRU (DECEASED) RULING 1. For determination before this court is the Summons for Confirmation of Grant dated 12th January, 2026 brought by the Administrators Rahab Wangui Thairu, Lucy Wakanyi Thairu, Peter Nganga Wamukuo and Joseph Thairu Wamukuo seeking the following orders:-seeks:- a) That the Grant of Letters of Administration Intestate made to the said Rahab Wangui Thairu, Lucy Wakanyi Thairu, Peter Nganga Wamukuo and Joseph Thairu Wamukuo in this matter, on 9th July, 2025 to be confirmed. b) That the costs of this application be in the cause. 2. The application is supported by the joint affidavit sworn by Rahab Wangui Thairu, Lucy Wakanyi Thairu, Peter Nganga Wamukuo and Joseph Page 1 of 10 Thairu Wamukuo on 12th January, 2026 alongside the annexed Consents by the Beneficiaries in the Estate of Late David Wamukuo Thairu (deceased), to confirm a full inventory of all the assets and liabilities of the deceased as at the time of his death on 13th October, 2024 and a proposed Mode of Distribution of the said Estate of the Deceased. 3. In consideration of the said application, I have perused the record and established that this is an Intestate Succession in that the Deceased died without leaving a Will. The Petitioners then petitioned for the Grant of Letters of Administration Intestate, which was issued on 9th July, 2025 to Four (4) Administrators namely, Rahab Wangui Thairu, Lucy Wakanyi Thairu, Peter Nganga Wamukuo and Joseph Thairu Wamukuo, being the Widow and Children of the Deceased, wherein they were granted authority to manage the Estate of the Deceased, Late David Wamukuo Thairu (Deceased). This application was then published in the Kenya Gazette on 5th June, 2025 inviting anyone who might have an objection on the same to lodge the same in court within thirty (30) days from the date of publication. Page 2 of 10 4. It is worth noting that no objection was raised against the application for Grant of Letters of Administration by anyone and at the lapse of thirty (30) days, the Petitioners were granted the Letters of Administration Intestate where they were made personal representatives of the Estate of the Deceased with power to deal with the property/assets and liabilities of the Deceased’s Estate in the manner provided for under Section 83 of the Law of Succession Act Cap 160 of the Laws of Kenya. 5. Upon the lapse of six (6) months after the issuance of Letters of Administration, the Petitioners then filed an application (Summons) for Confirmation of Grant dated 12th January, 2026 to enable them distribute the deceased’s Estate amongst the beneficiaries. 6. Through the joint affidavit, the Administrators have properly identified all the beneficiaries of the Deceased’s Estate and clearly set out the Deceased’s assets and respective entitlement of each beneficiary at Paragraph 4 of the said Affidavit. 7. The Summons for Confirmation of Grant was fixed for hearing on 16th March, 2026 on which date the court proceeded to read out and explain the Page 3 of 10 Grant and its full particulars to the Administrators and Beneficiaries in English language which they all confirmed they understood in open court. The beneficiaries present and an indication of their respective relationship with the Deceased as clearly set out by the Administrators at Paragraph two (2) of their joint affidavit was established as follows: - a) Rahab Wangui Thairu (ID No.3509901 .) – Widow b) Lucy Wakanyi Thairu (ID No. 3137492) – Daughter c) Peter Nganga Wamukuo Thairu ID No. 10183003- Son d) Joseph Thairu Wamukuo (ID No. 5599530) – Son e) Priscilla Njeri Thairu (ID No. 9240163) - Daughter f) Jacqueline Wanjiru Thairu ID No 21720587 - Daughter 8. The court also went ahead and orally examined each Administrator and Beneficiary on oath so as to verify their respective identities, relationship with the Deceased, their views on the appointment of the personal representative/ Administrators, the identified and listed properties or assets and liabilities of the Deceased’s Estate and proposed mode/plan of distribution of the said Estate amongst the beneficiaries to confirm their sentiments on the same. Of significance, all the beneficiaries confirmed and freely affirmed their Consent without raising any objection to the Confirmation of Grant on the assets mode of distribution set out at Paragraph 4 of the Affidavit. Page 4 of 10 Determination 9. Having examined all the Administrators and Beneficiaries of the Deceased’s Estate, the court has also read through the pleadings and documents on record and finds the issue for determination being whether the Administrators have met the threshold set for Confirmation of Grant of Letters of Administration Intestate. 10.The process of Confirmation of Grant is set out under Section 71 of the Law of Succession which provides as follows:- [71]. Confirmation of Grants (1)After the expiration of a period of six months, or such shorter period as the court may direct under subsection (3), from the date of any grant of representation, the holder thereof shall apply to the court for confirmation of the grant in order to empower the distribution of any capital assets. (2)Subject to subsection (2A), the court to which application is made, or to which any dispute in respect thereof is referred, may- Page 5 of 10 (a)if it is satisfied that the grant was rightly made to the Applicant, and that he is administering, and will administer, the estate according to law, confirm the grant; or (b)if it is not so satisfied, issue to some other person or persons, in accordance with the provisions of Sections 56 and 66 of this Act inclusive, a confirmed grant of letters of administration in respect of the estate, or so much thereof as may be unadministered; or (c)order the Applicant to deliver or transfer to the holder of a confirmed grant from any other court all assets of the estate then in his hands or under his control; or (d)postpone Confirmation of the Grant for such period or periods, pending issue of further citations or otherwise, as may seem necessary in all the circumstances of the case: Provided that, in cases of intestacy, the grant of letters of administration shall not be confirmed until the court is satisfied as to the respective identities and shares of all Page 6 of 10 persons beneficially entitled; and when confirmed the grant shall specify all such persons and their respective shares. 11.The principle purpose of confirming the grant is to pave way for the distribution of assets. The provisions of Subsection 2(1) of Section 71 states that “the court be satisfied as to whether the Administrator had properly ascertained all the persons beneficiary entitled to share in the Estate and properly identified the share due to them”. Furthermore, the Section requires that where a Grant of Letters of Administration has previously been made, the court must be satisfied that the person to whom the grant was made was properly appointed and is fit and willing to administer the Estate according to the law before confirming the grant. By dint of these provisions in the Law of Succession Act, a court may to confirm a grant if satisfied that the grant was rightly made and the Administrators are and will administer the Estate in accordance with the law, and or refuse/decline to confirm or issue a Confirmed Grant to some other person(s) if so warranted by the circumstances. 12.In this case, the court confirms that the two appointed Administrators of the Deceased’s Estate have filed a Joint Affidavit sworn on 12th January, 2026 in Page 7 of 10 support of the Summons of Confirmation of Grant. In this affidavit, the Administrators/Applicants have confirmed that they were jointly appointed as such vide a Gazette Notice dated 5th June, 2025. They have also identified the Beneficiaries who are not Administrators, as being daughters of the Deceased at Paragraph Two (2) of their Supporting Affidavit, identified the assets of the Deceased’s Estate and set out each beneficiaries’ share and mode of distribution of the said Estate at Paragraph Four (4) thereof. 13.Also, the court has confirmed that all the Beneficiaries of the Deceased’s Estate (being the widow and children of the deceased) signed and filed a Consent in which they have all confirmed their agreement to the listed assets/properties alongside a proposed mode or plan of distribution of the Deceased’s Estate as set out at Paragraph Four (4) of the said Supporting Affidavit. 14.For transparency and fair administration of justice, the Beneficiaries to the Estate of the Deceased were notified of the Summons for Confirmation of Grant and they all attended court where they were examined on oath and were in agreement with the Summons for Confirmation of Grant and Page 8 of 10 mode of distribution of the Estate of the Deceased, since there is no competing claim or allegation of misappropriation or no pending claim for revocation or material irregularity on the face of the record which would ordinarily justify the court withholding the Confirmation of Grant. 15.In view of the aforementioned, this Court is satisfied that the Administrators have demonstrated readiness and competence to complete the administration of the Deceased’s Estate. Therefore, where the entire family is in agreement on the appointment of Administrators, assets listed and mode of distribution, it would defeat the purpose and spirit expressed under Section 71 (supra) which emphasizes that Probate proceedings be facilitated efficiently, and without delay. 16.All in all, this court is satisfied that the Petitioners have met the legal threshold set out under the provisions of Section 71 of the Law of Succession Act by following the requisite steps and filing all the required documents in compliance thereof. 17.And there being no pending application by any person(s) seeking to protest the Summons for Confirmation of Grant dated 12th January, 2026, this Page 9 of 10 Court proceeds to allow the same and order that:- a) That the Grant of Letters of Administration Intestate made to the said Rahab Wangui Thairu, Lucy Wakanyi Thairu, Peter Nganga Wamukuo and Joseph Thairu Wamukuo in this matter, on 9th July, 2025 to be confirmed. b) The Petitioners be and are hereby appointed as personal representative of the Estate of Late David Wamukuo Thairu (Deceased) to manage and distribute the assets and liabilities, (if any) thereof pursuant to Section 83 of the Law of Succession Act. c) A Certificate of Confirmation of Grant to issue as per the Schedule in the Affidavit in support of the Summons for Confirmation of Grant. d) Being a family matter, there shall be no order as to costs. It is hereby ordered. RULING DATED AND SIGNED AT KIAMBU THIS 25 TH DAY OF MAY , 2026. D. O. CHEPKWONY JUDGE In the presence of:- M/S Gathoni counsel for Administrators Court Assistant – Sakina/Martin Page 10 of 10