https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11424

In re Estate of Mutua (Deceased) (Succession Cause 704 of 2019) [2026] KEHC 11424 (KLR) (Family) (23 July 2026) (Ruling) Neutral citation: [2026] KEHC 11424 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Succession Cause 704 of 2019 HK Chemitei, J July 23, 2026 IN THE MATTER OF THE ESTATE OF JAMES KASYULA MUTUA (DECEASED) Between Samuel Kabue 1st Applicant Jason Mbugua Mutua 2nd Applicant Ruby Mwikali Mutuku 3rd Applicant Tracy Timaye Masinde 4th Applicant and John Kioko Mutua Administrator Ruling 1.Before this Court for determination is Summons dated 16th March 2026, brought pursuant to Sections 29, 47, 83(e), (f), (g) of the Law of Succession Act and Rule 49 of the Probate and Administration Rules, in which the Applicant seeks the following orders:a.That this Honourable Court do appoint Tracy Timaye Masinde and Ruby Mwikali Mutuku as administrators of the Estate herein in place of John Kioko Mutua the current administrator of the Estate herein:b.That the Grant issued to John Kioko Mutua in this cause on 28th day of October 2019 be revoked and/or annulled.c.That this Honourable court do cite John Kioko Mutua for contempt of court orders issued on 16th October 2025;d.That the costs of this application be in cause. 2.The application is based on the grounds thereof and the sworn affidavit of Ruby Mwikali Mutuku dated 16th March 2026 and that of Tracy Timaye Masinde dated 20th May 2026. 3.The basis of the application is that the Applicants are the children of Simon Mutuku Mutua, deceased, who was a son to the deceased herein. They are therefore grandchildren of the deceased. 4.They aver that they have been left out in the dark as regards the share and benefit of their father courtesy of the Respondent’s inaction as an administrator. 5.They aver that they have been unable to get a share of land at Athi River transmitted to them because the maps are inaccessible. 6.They have also accused the Respondent of failing to provide them with the details of the estate especially the portion due to their late father. 7.The application was opposed by John Kioko Mutua, who filed a Replying Affidavit dated 15th May 2026. The thrust of his opposition is that the Applicants who are his nieces do not rank in terms of Section 66 of the Law of Succession Act and thus the application ought to be disallowed. 8.He deponed further that he has tried to meet the Applicants to no avail and that any of the scheduled meetings have been cancelled by the Applicants 9.He denied that he had failed to render the accounts as advanced by the Applicants and he gave a chronology of how he has attempted to distribute the estate. 10.Similarly, William Nzyoka Kivindi, opposed the application by filing a Replying Affidavit dated 21st May 2026. Issues For Determination 11.I have considered the application, the affidavit in support thereof and the Replying Affidavits. In my view, the following issues arise for determination:a.Whether John Kioko Mutua, as an administrator of the estate of the deceased, has complied with his statutory duties under Section 83(e), (f) and (g) of the Law of Succession Act.b.Whether the Applicants have established sufficient grounds for the removal of John Kioko Mutua as an administrator and for their appointment as administrators of the estate in his place.c.Whether John Kioko Mutua should be cited for contempt of court. Analysis And Determination 12.Section 83 (e), (f) and (g) of the Law of Succession Act provides as follows:“ 83.Duties of personal representatives Personal representatives shall have the following duties—a.…b.…c....d.…e.within six months from the date of the grant, to produce to the court a full and accurate inventory of the assets and liabilities of the deceased and a full and accurate account of all dealings therewith up to the date of the account;f.subject to section 55, to distribute or to retain on trust (as the case may require) all assets remaining after payment of expenses and debts as provided by the preceding paragraphs of this section and the income therefrom, according to the respective beneficial interests therein under the will or on intestacy, as the case may be;g.within six months from the date of confirmation of the grant, or such longer period as the court may allow, to complete the administration of the estate in respect of all matters other than continuing trusts, and to produce to the court a full and accurate account of the completed administration;h.…i.... 13.In re Estate of the Late Mwaura Makuro (Deceased) [2021] eKLR, the reasons for rendering accounts were emphasized as follows:“ 32.The production of accounts is a key component of the administration process of a deceased person’s estate. From the moment a grant is issued to a personal representative of a deceased person, the grant holder becomes responsible to the Court in the carrying out of the duties of administrator. Accounts are an accountability tool that will tell the Court whether the administrator has been faithful to the role entrusted to him or her. When an administrator fails to file accounts as required, questions as to the integrity of the process are bound to arise as in the present case. The law has empowered the Court on either of its own motion or on the application of any interested party in the estate, to order an administrator to produce a full and accurate inventory of the assets and liabilities of the deceased and a full and accurate account of all dealings therewith up to the date of the account.” 14.On the issue as to whether John Kioko Mutua, as an administrator of the estate of the deceased, has complied with his statutory duties under Section 83(e), (f) and (g) of the Law of Succession Act this court has ruled that he is no longer fit to hold the grant by virtue of the fact that overally he has failed to execute the grant granted in his favour hence the multiplicity of the applications on record. 15.He disobeyed multiple orders and for this reason the rest of the Applicants as per the directions of this court 16th October 2025 have applied. 16.This court has already elsewhere granted the opportunity to serve as administrators Jesse Kasyula Mutua, Tracy Timaye Masinde, and Moses Wambua Mutua. 17.The application for the reasons advanced above is marked as compromised. DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 23RD DAY OF JULY, 2026.H.K. CHEMITEIJUDGE, FCIArb.