https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8675
The court found that the applicant had shown sufficient basis for a limited grant because the deceased's estate required preservation through litigation, the applicant had established kinship and family consent, and the intended suit over the land was a satisfactory explanation for the restricted grant sought.
Source-derived case information.
- Citation
- [2026] KEHC 8675 (KLR)
- Parties
- Petitioner/applicant: Godfrey Gichuki Kihara; Deceased Estate: Estate of Teresa Wangui Kihara (Deceased)
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration E003 of 2026
- Procedural Posture
- Probate and Administration / Application for Limited Grant (letters of Administration Ad Litem)
- Outcome
- Application allowed
- Judges
- ["LN Mutende"]
- Legal Topics
- Letters of Administration Ad Litem, Limited Grant, Preservation of Estate, Authority to Institute Suit, Intestate Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Godfrey Gichuki Kihara
Petitioner/applicant
Estate of Teresa Wangui Kihara (Deceased)
Deceased Estate
Procedural Posture
Probate and Administration / Application for Limited Grant (letters of Administration Ad Litem)
Legal Issues
- 1 Whether the applicant is entitled to a limited grant ad litem to sue on behalf of the deceased's estate.
- 2 Whether the stated purpose of filing a civil suit justifies issuance of a limited grant before confirmation of grant.
Ratio Decidendi
The court found that the applicant had shown sufficient basis for a limited grant because the deceased's estate required preservation through litigation, the applicant had established kinship and family consent, and the intended suit over the land was a satisfactory explanation for the restricted grant sought.
Court Disposition
Application allowed
Orders
- Letters of Administration Ad Litem shall issue to the applicant limited to filing suit on behalf of the estate of the deceased over L.R. MUTARA/MUTARA BLOCK 2/832 (URUKU).
- The applicant has no power to distribute the estate.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NYAHURURU** **P&A AD LITEM NO. E003 OF 2026** **IN THE MATTER OF THE ESTATE OF TERESA WANGUI KIHARA (DECEASED)** **GODFREY GICHUKI KIHARA………..….PETITIONER/APPLICANT** **RULING** 1. **Godfrey Gichuki Kihara,** the Petitions the court for grant of Letters of Administration Ad-Litem of the Estate of Teresa Wangui Kihara, who died intestate domiciled at Ruthanji, Mutara Uruku in Laikipia on 10th March, 2011. The purpose of the grant sought is for prosecuting a civil suit. 2. In support of the application is a death certificate in respect of the deceased and a letter from the Assistant Chief, Mutara Location, Rumuruti, who confirms that the Applicant is the son of the deceased. Further, his siblings Jenelica Nyaguthi Kihara; Regina Mumbi Kihara; Joseph Waithaka Kihara; Mary Wairimu Kihara; Pauline Wangari Kihara consented to issuance of the limited grant to the Applicant. 3. I have the application and supporting documents. Ideally, an action regarding the Estate of the deceased would be conducted after confirmation of the grant of representation. However, there are instances where it is necessary to preserve the Estate, institution of legal proceedings inclusive. It is in such an instance that a limited grant would issue. 4. It has been demonstrated that the deceased was issued with a title deed for MUTARA/MUTARA BLOCK 11/832 measuring 0.4647 hectares in 2009. It is argued that the land is less than what she was entitled to. Therefore, the purpose for which the order is sought is to file a civil suit, which explanation is satisfactory. 5. In the premises, I direct that Letters of Administration Ad-Litem shall issue limited to filing a suit on behalf of the Estate of deceased over L.R. MUTARA/MUTARA BLOCK 2/832 (URUKU) without power to distribute the estate. 6. It is so ordered. **Dated, signed and delivered virtually this 18th day of June, 2026.** **……………………** **L.N. MUTENDE** **JUDGE**