https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8055

In re Estate of Katamo (Deceased) (Succession Cause E046 of 2025) [2026] KEHC 8055 (KLR) (9 June 2026) (Ruling) Neutral citation: [2026] KEHC 8055 (KLR) Republic of Kenya In the High Court at Kakamega Succession Cause E046 of 2025 S Mbungi, J June 9, 2026 In the matter of Cynthia Ayienda Petitioner Ruling 1.Before this Court is a Petition for Special Limited Grant of Letters of Administration dated 20th November 2025 brought by the Petitioner, Cynthia Ayienda, pursuant to Section 54 of the Law of Succession Act, Cap 160 Laws of Kenya, and the Fifth Schedule thereto. 2.The Petitioner seeks a limited grant for purposes of collecting, preserving, protecting and recovering the assets comprising the estate of the deceased, JOSEPH NGAIRA KATAMO, who died intestate on 15th June 2025 while domiciled in Kenya. 3.The Petition is supported by an affidavit sworn by the Petitioner, who describes herself as the second widow of the deceased and the next friend of two minor children, namely Loice Mukasia and George Juma. 4.The Petitioner avers that proceedings were initially commenced before the Butali Law Courts. However, by a ruling delivered on 19th November 2025, the subordinate court directed her to move this Court on the ground that it lacked jurisdiction to entertain the application in view of the value of the estate. 5.It is deponed that the deceased was a teacher employed by the Teachers Service Commission and was domiciled at Matsakha area within Kakamega County at the time of his demise. 6.According to the affidavit, the deceased left behind the following assets:a.Ten (10) acres of land;b.Commercial plot at Butali Market;c.Posho mill;d.Investments in Housing Sacco;e.Investments in I.G Sacco;f.Retirement benefits from the Teachers Service Commission;g.Herds of cattle; andh.Trees and other developments. 7.The Petitioner estimates the value of the estate at approximately Kshs. 20,000,000/=. 8.The disclosed beneficiaries are:I. Cynthia Ayienda – Widow;II. Nangekhe Ngaira – Widow;III. Zipporah Muronji – Child;IV. Martin Katamo – Child;V. Scolastica Khavere – Child;VI. Dominic Munyesi – Child;VII. Karen Kwatalami – Child;VIII. Nixson Shikule – Child;IX. Nelson Juma – Child;X. Lawrence Shango – Child;XI. Loice Mukasia – Child; andXII. George Juma – Child. 9.The Petitioner contends that the estate is susceptible to wastage and irregular dealings and that urgent intervention is necessary to preserve the assets pending the obtaining of a full grant of letters of administration. Issue For Determination 10.The sole issue for determination is whether the Petitioner has established sufficient grounds for the issuance of a special limited grant under Section 54 of the Law of Succession Act. Analysis And Determination 11.Section 54 of the Law of Succession Act empowers the Court to limit a grant of representation in any of the forms set out in the Fifth Schedule where circumstances so require. 12.A limited grant is a special grant issued for a specific purpose and does not confer all the powers available to a holder of a full grant of letters of administration. Its purpose is to facilitate urgent acts necessary for the protection and preservation of an estate pending the issuance of a full grant. 13.In Re Estate of Prisca Ong’ayo Nande (Deceased) [2020] eKLR, the Court observed that a grant ad colligenda bona is intended to enable a person collect and preserve the estate where urgency exists and where delay may expose the estate to loss or wastage. The Court emphasized that such a grant is not a vehicle for distribution of estate assets. 14.Similarly, in Re Estate of M’Mugambi M’Itunga (Deceased) [2017] eKLR, the Court held that a limited grant is designed solely to preserve estate property and maintain the status quo pending substantive succession proceedings. 15.The Court further draws guidance from the decision in Virginia Edith Wambui Otieno v Joash Ochieng Ougo & Another [1987] eKLR where the Court of Appeal affirmed that no person may lawfully deal with a deceased person’s estate without proper authority granted under the Law of Succession Act. 16.Equally instructive is the decision in Trouistik Union International & Another v Jane Mbeyu & Another [1993] eKLR where the Court of Appeal held that only a duly appointed personal representative has legal capacity to represent a deceased person’s estate in legal proceedings. 17.Having considered the material placed before the Court, I am satisfied that the estate comprises substantial assets including land, commercial property, Sacco investments, retirement benefits and livestock. Such assets are susceptible to wastage, dissipation, unlawful alienation or intermeddling if left unattended. 18.The Court further notes that among the beneficiaries are minor children whose welfare and interests deserve protection under the law. The existence of minor beneficiaries heightens the necessity of preserving the estate pending the determination of succession proceedings. 19.I am also persuaded that unless a limited grant is issued, the Petitioner may lack the legal capacity required to safeguard the estate, pursue recovery of assets where necessary, or take lawful steps aimed at preserving the estate. 20.However, this Court must emphasize that a grant ad colligenda bona is limited in nature. It is not a substitute for a full grant of letters of administration and cannot be utilized for purposes of distributing or sharing the estate among beneficiaries. 21.The prayer seeking authority to subdivide or distribute the assets of the estate cannot be granted at this stage. Distribution of the estate can only be undertaken after the issuance of a full grant and confirmation thereof in accordance with the provisions of the Law of Succession Act. 22.Consequently, the Court finds that the Petitioner has demonstrated sufficient urgency and necessity to warrant the issuance of a special limited grant for purposes of preserving, protecting and recovering the assets of the estate of the deceased. 23.Accordingly, and pursuant to Section 54 of the Law of Succession Act and the Fifth Schedule thereto, the Petition succeeds. 24.The Court therefore makes the following orders:a.A Special Limited Grant of Letters of Administration ad colligenda bona is hereby issued to Cynthia Ayienda in respect of the Estate of Joseph Ngaira Katamo (Deceased).b.The grant shall be limited strictly to collecting, preserving, protecting and recovering the assets of the estate.c.The Petitioner is authorized to institute, defend or participate in legal proceedings necessary for preservation, protection or recovery of the estate assets.d.The grant shall not authorize distribution, transfer, sale, subdivision or sharing of any estate asset among beneficiaries.e.The Petitioner shall, within ninety (90) days of this ruling, initiate or pursue proceedings for a full grant of letters of administration intestate.f.The Petitioner shall render accounts whenever required by the Court regarding any action undertaken pursuant to the limited grant.g.Each party shall bear their own costs. 25.It is so ordered. 26.Mention 30.9.2026 for further directions. DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 9th DAY OF JUNE, 2026.S.N MBUNGIJUDGEIn the presence of:-CA: Zilda/VelmaApplicant present.