https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10107

In re Estate of Njoroge (Deceased) (Succession Cause 336 of 2016) [2026] KEHC 10107 (KLR) (7 July 2026) (Ruling) Neutral citation: [2026] KEHC 10107 (KLR) Republic of Kenya In the High Court at Nakuru Succession Cause 336 of 2016 PN Gichohi, J July 7, 2026 In the matter of Lucy Njeri Wainaina 1st Applicant Ann Wanja Chege 2nd Applicant Ruling 1.By Summons dated 12th May, 2025, brought under Section 76 ( e ) of the Law of Succession Act Cap 160 Laws of Kenya and Rules, Rule 41 (7) and 73 of the Probate & Administration Rules, the Applicants seek Orders: -1.That the Grant issued to Sammy Njoroge Wainaina on 3rd October 2016 be revoked or annulled for having become inoperative due to the death of the administrator of the estate.2.That upon revocation of the aforementioned grant, a Grant of Letters of Administration De Bonis Non be issued to LUCY NJERI WAINAINA and ANN WANJA CHEGE for purposes of administering the un- administered portion of the estate.3.That upon issuance of the said Grant of Letters of Administration De Bonis Non, the same be confirmed pursuant to the proposed mode of distribution.4.That this Honourable Court be pleased to make such further or other orders it may deem just in the circumstances.5.That the costs of the application be provided for. 2.The grounds are as stated on the face of the Summons, supported by the Affidavit sworn by Lucy Njeri Wainaina and Ann Wanja Chege on 12th May 2025 and the annexures thereto. 3.They emphasise that with the death of the sole Administrator, the Grant confirmed on 25th June 2020 has become useless and inoperative within the meaning of Section 76 ( e ) of the Law of Succession Act. 4.They state that they are competent, willing and legally entitled to administer the estate, and further, the proposed mode of distribution has been consented to by most beneficiaries. 5.They state that, in particular, the un-administered assets are Kabatini Kabatini Block 1/1856 and Kabatini Kabatini Block 1/12267. They therefore state that they are ready and willing to administer the remaining estate assets. They urge the Court to issue the Grant De Bonis Non as per proposed Grant of Letters of Administration De Bonis Non and consequently confirm it. 6.However, for clarity and good order, it is important to acknowledge that there was an earlier Summons dated 7th February 2024 filed by Wilfred Githinji Wainaina and brought under a certificate of urgency, through the firm of M/S J.A Simiyu & Co Advocates. The Applicant had sued Beatrice Wairimu Njoroge, Elizabeth Wangu Kariuki, Lucy Njeri Wainaina , Anne Wanja Chege , Mónica Wanjiru Wainaina , Eunice Wangare Wainaina , Susan Muthoni Wainaina and Julia Waithera Wainaina ( as 1st – 8th Respondents) seeking orders the following Orders:-1.Spent.2.That pending hearing and determination of the application inter-partes, this court be pleased to issue conservatory Orders restraining the Respondents by themselves , their agents and servants from dealing , encroaching and/or alienating in all that parcel of land known as Block B1/12267 Bahati Kabatini.3.That the Honourable court be pleased to allow the Applicant to ascertain the size of the land parcel No. Block B1/12267 Bahati Kabatini and excise 1.2 Acres out of it for Applicant’s safe occupation .4.The terms of the above orders be enforced by the OCS Nakuru Police Station.5.The costs of the application be in the cause. 7.The grounds thereof and supported by the Applicant’s Affidavit sworn on the same date, were that he and the Respondents were all beneficiaries of the estate of Tirus Wainaina Njoroge (deceased). That the Succession Cause had been concluded with all the beneficiaries getting their rightful shares. He was given Land Parcel No. Block B1/12267 BAHATI KABATINI measuring approximately 1.2Acres as per the confirmed Grant. However, the Respondents were dissatisfied with the distribution and the Respondents opted to encroach on his rightful share prompting the Applicant to move the court for injunctive orders. 8.Vide the directions dated 8th February 2024 by Ong’udi J ( as she then was) that application was to be served upon the Respondents by 13/2/2024 and to come for mention before this Court for further directions. 9.When the matter ultimately came before this Court on 3/7/2024 for the Applicant to show cause why the Application dated 7/2/2024 should not be marked as abandoned and file closed, Lucy Njeri Wainaina and Anne Wanja Chege told the court that they had a mediation in 2019 and it was concluded in 2020 agreeing on mode of distribution . 10.They agreed on how to share the property but when they called a surveyor to proceed as per the Mediation Report, Wilfred alleged that they had encroached his portion hence his application dated 7/2/2024. They termed it as untrue and urged the Court to proceed as per the Mediation Report. 11.Due to the absence of the Applicant therein and his counsel, the court issued directions again that the Applicant attend court to show cause why his Application dated 7/2/2024, should not be marked as abandoned and parties to proceed as per the Mediation Agreement Report. Ultimately, all the beneficiaries attended court and indeed confirmed that the sole administrator died before full distribution, but the application dated 7th February, 2024 was not pursued. There was no cause shown by that Applicant. 12.Instead, parties focussed on the Application dated 12/5/2025 seeking revocation of the grant issued to the sole administrator herein. However, there was no response filed in regard to the Application dated 12/5/2025 but all the beneficiaries except David Mugweru Wainaina supported this application. 13.The only reason for his objection made orally in court , was that he had been forewarned by elders Njoroge Ndegwa, Mzee Zayuni and Ndegwa Kamau not to distribute the Estate to his sisters as it is a taboo. That the issue of inheritance belongs to men not women. He claimed that they have continued to die, others are sick just because of ladies insisting on distribution. 14.He prayed that the deceased’s property be shared between him and his brother Wilfred Githinji Wainaina only. 15.In response, Mr. Cheruiyot for the Applicants urged the court to disregard David Mugweru Wainaina’s arguments terming them discriminating and contrary to the Constitution. 16.Further, Mr. Cheruiyot stated that nothing has been varied at all in regard to Conformed Grant herein and therefore, the only way out is to allow the application dated 12/5/2025 so that the distribution of the Estate can be concluded. That in any case, Mr. Simiyu for Wilfred Githinji Wainaina told the Court that he does not oppose the application . Determination 17.From the material before this Court and having heard all parties, they are in agreement that the Succession Cause was concluded through mediation and Judgment entered by the Court to that effect. Consequently, the Grant issued to the sole administrator Sammy Njoroge Wainaina and containing the mode of distribution to all the beneficiaries was Confirmed on 25th June 2020. 18.There is no dispute that the sole administrator died before administering two properties of the Estate being Kabatini Kabatini Block 1/1856 and Kabatini Kabatini Block 1/12267. 19.It is also clear that the confirmed Grant was never challenged by anyone other than the oral argument by David Mugweru Wainaina that the Estate should be shared between him and his brother Wilfred to avoid any other deaths in the family following the inclusion of female beneficiaries of the Estate herein. 20.That objection is not only incompetent but also amounts to discrimination against the female beneficiaries on the basis of their gender which is contrary to the Constitution. It is disallowed. 21.It is trite that if the sole administrator dies before he completes his duties as an administrator, the Grants issued to him becomes useless and inoperative under Section 76 of the Law of Succession Act. For clarity, Wilfred Githinji Wainaina did not pursue the application dated 7th February 2024. His advocate did not pursue it either. No cause was shown. Instead, they opted to focus on the application dated 12th May, 2025. 22.In conclusion therefore, this Court makes the following Orders:-1.The application dated 7th February, 2024 is hereby marked as abandoned.2.The Application dated 12th May, 2025 is hereby allowed in that both the Grant of Letters of Administration and Certificate of Confirmed Grant issued to Sammy Njoroge Wainaina are hereby revoked.3.A Grant of Letters of Administration De Bonis Non is hereby issued to Lucy Njeri Wainaina And Ann Wanja Chege for purposes of administering the un-administered portion of the estate.4.Pursuant to Order 3 above, the said Grant of Letters of Administration De Bonis Non is hereby confirmed pursuant to the proposed mode of distribution herein.5.This being a family matter, there are no orders as to costs. DATED AND SIGNED AT NAIROBI THIS 6TH DAY OF JULY, 2026.PATRICIA GICHOHJUDGEDELIVERED AT NAKURU THIS 7TH DAY OF JULY, 2026.………………………DR. JOSEPH SERGONJUDGE