https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9518

In re Estate of Mukono (Deceased) (Probate & Administration E021 of 2026) [2026] KEHC 9518 (KLR) (30 June 2026) (Ruling) Neutral citation: [2026] KEHC 9518 (KLR) Republic of Kenya In the High Court at Machakos Probate & Administration E021 of 2026 EN Maina, J June 30, 2026 IN THE MATTER OF THE ESTATE OF PAUL KAKIMA MUKONO (DECEASED) In the matter of Jane Njuhi Kaunga 1st Petitioner Veronica Wanjiru Paul 2nd Petitioner Ruling 1.By the petition dated 16th March 2026, the Petitioners herein seek a grant of administration ad Colligenda Bona for the purpose of collecting and getting in and receiving the estate of their late father Paul Kakima Mukono, and for carrying out such acts as may be necessary for the preservation of the estate. 2.The petition is made under Section 67 of the Law of Succession Act. 3.In their affidavits, both sworn on 16th March 2026, the Petitioners have deponed that the deceased died intestate on 17th November 2024, domiciled in Kitanga in Kenya, that he was survived by themselves and their seven siblings; that he left behind an estate comprising inter alia, rental property with an income of approximately Kshs. 70,000/= per month, agricultural land requiring seasonal cultivation and an interest in land measuring approximately 10 acres in plot No. 29 Kitanga Settlement Scheme which is in the process of being transferred into his name. They further depose that no grant has been obtained in respect of the estate hence exposing it to intermeddling and dissipation; that the rent is being collected by unauthorized persons including some beneficiaries who put it to their personal use, giving rise to disputes. Further that the estate has accumulated rates to the tune of Kshs. 20,317/= which sum continues to grow; that the deceased’s land requires cultivation and hence the grant ought to be issued. 4.At paragraph 12 they list the causes for which they feel the grant should issue as follows:i.Settlement of outstanding land rates and statutory outgoings,ii.Meeting reasonable expenses incident to the preservation of the estate,iii.Financing the institution and prosecution of the succession case; andiv.Supporting the education and upkeep of the deceased’s grandchildren, whom the deceased had maintained following the demise of their respective mothers.” 5.I have had opportunity to consider this application. As correctly stated by the petitioners Section 67 of the Law of Succession Act empowers this court to issue a limited grant ad colligenda bona. The procedure for so doing is provided in Rule 36 of the Probate and Administration Rules. In the case of Leli & another (suing as the legal representatives of the estate of Leli Julo (deceased) -vs- Connerstone Clearing & Forwarding Limited (Civil Appeal E006 of 2023) [2026] KECA 82 (KLR) (30 January 2026) (judgement) the Court of Appeal observed that:(29).....The first is the Limited Grant of Letters of Administration ad litem, provided under Form 14 of the Fifth Schedule to the Act. This form is ordinarily utilized to enable the estate of a deceased person to be represented in court proceedings. It authorizes the grantee to represent the deceased in a pending or prospective suit and remains valid until the suit is determined and fully executed. The principle was articulated in the case of Greenway vs McKay [1911] 12 CLR 310 where the court affirmed that a grant ad litem is specifically for purposes of litigation involving the estate.(30)The second form is the Limited Grant of Letters of Administration ad colligenda bona provided under Section 67 of the Act and Rule 36 of the Probate and Administration Rules. Such a grant may be issued in circumstances that all for urgent action where it would be impracticable to await the issuance of a full grant. The purpose of this grant is expressly limited to collecting, getting in, and preserving the assets of the deceased’s estate until a further or full grant can be made. Rule 36(2) specifically provides that:Every such grant shall be in Form 47 and be expressly limited for the purpose only of collecting and getting in and receiving the estate and doing such acts as may be necessary for the preservation of the estate until a further grant is made.”(31)Thus, a grant ad colligenda bona is ordinarily applied in emergency situations where property of the deceased’s estate is in danger of being wasted or dissipated before a full grant can be obtained. The nature and scope of such a grant were discussed in Re Cohen [1975] VR 187 where it was held that this form of limited grant is designed solely to protect the estate from waste or loss, and does not confer authority to litigate or represent the deceased in court proceedings.(32)In the case of Sheila Nkatha Muthee vs Alphonce Mwangemi Munga & others & Frank Helge Neugebauer [2016] KECA 577 (KLR), this Court held:The issuance and purpose of a grant of letters of administration ad colligenda bona (emphasis by underline) is provided under Section 67 of the Law of Succession Act Cap 160 Laws of Kenya and procedure thereof is under Rule 36 of the Probate and Administration Rules. The Rules expressly state that the purpose of such a limited grant is to enable the applicant to collect, give entry, receive the estate and do such acts as may be necessary for the preservation of the estate of the deceased until the grant is made. Set out in full Rule 36 provides:i.Where, owing to special circumstances the urgency of the matter is so great that it would not be possible for the court to make a full grant of representation to the person who would by law be entitled thereto in sufficient time to meet the necessities of the case, any person may apply to the court for the making of a grant of administration ad colligenda bona defunct of the estate of the deceased.ii.Every such grant shall be in Form 47 and be expressly limited for the purpose only of collecting and getting in and receiving the estate and doing such acts as may be necessary for the preservation of the estate and until a further grant is made.The limited grant ad colligenda bona does not give authority to the holder to file an action in court on behalf of a deceased and more so where the grant does not bear an endorsement to the effect that it is limited to the purpose of instituting a suit. (emphasis ours)” 6.Being guided by the above decision this court shall issue the grant sought but restrict it to the purpose only of collecting and getting in the estate and doing such acts as maybe necessary for the preservation of the estate until a further grant is made. The grant shall not under any circumstances be used to distribute the estate and shall not be used to draw money from the estate to pay school fees whether it be for the grandchildren of the deceased or anyone else; neither shall it be used to cultivate the land left behind by the deceased, or to enrich the petitioners to the exclusion of their siblings. It shall be used to open an account to which all the rent collected shall be paid into and may be used to draw money only for paying rates in respect of the properties but not for any other purpose and accounts kept. Should the petitioners want to draw money for other purposes they shall await a full grant being issued. For the avoidance of doubt the grant shall also not be used to pay for filing of a succession cause or to pay for the land which is due to be transferred to the deceased. All other purposes shall await a full grant. 7.Upon the grant being issued the petitioners shall have ninety (90) days to open an account into which to collect, get in and receive the rental income.It is so ordered. RULING SIGNED, DATED AND DELIVERED VIRTUALLY THROUGH MICROSOFT TEAMS ON THIS 30TH DAY OF JUNE, 2026.E. N. MAINAJUDGEIn the presence of:Ms. Kamene for PetitionersCourt Assistant – Benson