https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8405

In re Estate of Kuria (Deceased) (Succession Cause E055 of 2022) [2026] KEHC 8405 (KLR) (12 June 2026) (Ruling) Neutral citation: [2026] KEHC 8405 (KLR) Republic of Kenya In the High Court at Kiambu Succession Cause E055 of 2022 A Mshila, J June 12, 2026 N THE MATTER OF THE ESTATE OF PETER NJENGA KURIA (DECEASED) Between Njuguna Wanyoike (Sued as the Personal Representative and Executor of the Will of Peter Njenga Kuria) 1st Petitioner Mary Wambu Njenga 2nd Petitioner and Ester Nyokabi Njoroge (Suing as the Mother and Next Friend of DNN - A Minor) 1st Objector Joy Kagure Mbugua (Suing on Her Behalf and on Behalf of JMN and JWN - Minors) 2nd Objector Ruling 1.Before Court is the Summons dated 7th November, 2025 brought under Section 26, 27 and 28 of the Law of Succession Act, Rule 45 of the Probate and Administration Rules and Article 159 of the Constitution and all other enabling provisions of the Law. The Applicant/2nd Objector sought for orders:-a.Spentb.That pending the hearing and determination of this application, this Honourable Court be pleased to issue an order authorizing the immediate release of Kenya Shillings 8,654,345.00 to Potter House School to settle school fees arrears as well as cater for the current school term’s fees for JMN and JWN.c.That the deceased’s shares held in Golden Valley Properties Limited be distributed equally amongst his beneficiaries. 2.The application is based on the grounds that the Applicant is the mother of the minors who are the confirmed biological children of the deceased. That the deceased used to pay school fees for the children and the same remains unpaid hence the court should grant the orders sought. 3.The application is supported by the affidavit of Joy Kagure Mbugua. She deposed that the minors are the biological children of the deceased the same having been confirmed through a DNA report. That the deceased catered for the school fees of the minors. That the Grant of Probate for written Will was confirmed on 27/7/2022. Further, that the same was followed by an application for Revocation of Grant which caused the cause to be referred to mediation which process was not successful. That it’s in the interest of justice that the children’s education should be catered for with the arrears being Kshs. 8,654,345.00. The applicant contended that the monies should be released from the estate as there are 520 shares held in Golden Valley Properties Limited that remain undistributed. 4.The parties were directed to canvass the Summons by way of written submissions; Hereunder is a summary of the parties respective submissions. Petitioners’ Submissions 5.The Petitioner submits that the confirmation of grant of probate distributed the deceased’s estate as per the Will dated 28/14/2024 where the objectors are not part of the beneficiaries of the estate of the deceased. The Petitioner submits that the deceased had 80 shares in Golden Valley Limited at death and which shares the deceased bequeathed to his three children. The allegation that the deceased had 520 shares is unfounded and that in any case any residual estate was bequeathed to Mary Wambui Njenga the deceased’s wife. Lastly, the Probate Court was said to only deal with distribution of shares with liquidation and distribution of assets being dealt with by the Commercial Division of the High Court. Reliance was placed in the Court of Appeal case in Civil Appeal No. 32 of 2018 (Pacific Frontier Seas Limited v Kyengo & another). 1st Objector’s Submissions 6.The 1st Objector submits that the estate of the deceased owns 520 shares in Golden Valley Properties Limited after 80 shares were distributed as per the Will dated 28/2/ 2014. The deceased was said to own 600 shares out of the 1000 shares in the company. The 1st Objector was said to have no past, present or future capital or any source of income hence should be granted reasonable provision out of his father’s estate for his educational needs. That the 1st Objector was left out of the Will of the deceased despite their cordial relationship. The spouse of the deceased was said to be unWilling to distribute the estate among all dependants of the deceased. The court was urged to make reasonable provision to the 1st Objector who was not provided for in the Will. Reliance was placed in the Court of Appeal case of Popat v Popat & 3 others (Civil Appeal E09 of 2020) (2021) eKLR. Lastly, the court was urged to distribute the 520 shares belonging to the deceased amongst all the dependants of the deceased. 2nd Objector’s Submissions 7.The 2nd Objector submits that the minors are automatic dependants in law and are therefore entitled to reasonable provision out of the estate of the deceased. The court was said to be clothed with jurisdiction to intervene where dependants have been left out of a Will without a reason. Reliance was made in the case of Maina Gikunu & another v Godfrey Gichuhi Gikunu & another (2016) KECA 126 (KLR). It was submitted that there are 520 shares in Golden Valley Properties Limited which remain undistributed. That the 2nd Objector has no stable income as the deceased catered for the school fees and upkeep of the minors who are now at risk due to the outstanding arrears of Kshs. 8,654,345.00. That the deceased did not make any provision for the minors in his Will or in contemplation of death. The deceased was said to be a present father to the minors. Further, the 2nd Objector submits that other beneficiaries have benefited under the Will and it would amount to a grave miscarriage of justice if the 2nd Objector is denied a share of the estate. Reliance is placed in the case of In re estate of PWN (deceased) (2016) eKLR. The court was urged to make provision using the 520 shares in Golden Valley Properties Limited while considering the best interest of a child while also undertaking to remedy the imbalance created by the exclusion of the minors from the Will. Reliance was placed on among other cases the case of In re Estate of Sawe Maina (Succession Cause No. 350 of 2015) (2023) KEHC 26928 (KLR). Lastly, it was submitted that the 520 shares should be distributed equally amongst the three children who were left out of the deceased’s Will as the other beneficiaries were adequately provided for in the Will. Issues for Determination 8.Upon hearing the evidence of the parties and reading their rival submissions this Court has framed only one issue for determination which is what is the appropriate mode of distribution of the 520 shares in Golden Valley Properties Limited. Analysis 9.The Objectors contend that the deceased did not make any provision for the three (3) minors in his Will nor did he make any provision for them in contemplation of his death. The deceased in the Will only made provision for Mary Wambui Njenga and her three children. The Objectors stated that they had no stable income and the deceased catered for the school fees and upkeep of the minors who are now at risk due to the outstanding arrears of school fees. 10.The Objector requested the court to issue an order authorizing the immediate release of Kenya Shillings 8,654,345.00 to Potter House School to settle school fees arrears as well as cater for the current school term’s fees for JMN and JWN. 11.The Objector submits that these monies should be released from the estate as there are 520 shares held in Golden Valley Properties Limited that remain undistributed. 12.This issue of availability of monies from the deceased bank accounts for the payment of school fees is a spent issue as it had been already dealt with by this Court in a previous application where the Executor had been categorical that the bank accounts belonging to the deceased had been closed during the deceased’s lifetime and no funds are available from them. This issue is therefore spent. 13.As for the 520 shares the Petitioner contends that the Will by the deceased provides that any residual estate was to be bequeathed to Mary Wambui Njenga the deceased’s widow. 14.It is not in dispute that the deceased’s Will was found to be valid by a court of concurrent jurisdiction and further that the deceased had also distributed his estate during his life time. Nevertheless, the Objectors in their applications and submissions have made reference to the availability for distribution of the 520 shares in Golden Valley Properties Limited. 15.This Court makes reference to Section 42 of the Law of Succession Act which reads as follows;“Previous benefits to be brought into account where:-a.an intestate has, during his lifetime or by Will, paid, given or settled any property to or for the benefit of a child, grandchild or house; or ……” 16.These 520 shares in Golden Valley Properties Limited had been distributed to the widow and it was noted that she had already benefitted tremendously from the estate and the Objectors contend that it would only be just and fair to distribute any residual property to those who had not benefitted; The parties had been sent for mediation but reverted back to this court as they were unable to agree on how the shares were to be distributed. 17.Upon their failure to agree on the mode of distribution this Court has now no option but to distribute these shares. In order not to interfere with the wishes of the deceased which was to only bequeath his wealth to his immediate family, this Court Will distribute the 520 shares in Golden Valley Properties Limited to his widow Mary Wambui Njenga to hold a life interest in the shares and upon her demise or remarriage the shares be distributed equally amongst ALL the six (6) children of the deceased; It is this courts considered view that any other form of redistribution that goes against the intentions and wishes of the deceased is bound to create acrimony on the ground and in the current operations of the company. Findings and Determination 18.For the forgoing reasons this Court makes the following findings and determinations; 19.This Court finds the application to be partially with merit and it is hereby allowed; as follows.i.The application for school fees monies is found to be devoid of merit and is hereby disallowed.ii.The 520 shares in Golden Valley Properties Limited be and are hereby distributed to Mary Wambui Njenga to hold a life interest in the said shares.iii.The parties be at liberty to applyiv.This being a family matter each party to bear their own costs.Orders Accordingly. DATED SIGNED AND DELIVERED VIA TEAMS AT VOI THIS 12TH DAY OF JUNE, 2026A.MSHILAJUDGEIn the presence of;Sanja/Triza – Court AssistantsMutisya h/b for Kanjama SC - for the 1st ObjectorDiana Mukusa - for the 2nd ObjectorN/A - For the Estate