https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9723
The court held that the death of one co-administrator did not make the grant inoperative and there was no legal bar to substituting the deceased sibling administrator with his widow, especially where the family had consented and the replacement did not exceed the allowable number of administrators.
Source-derived case information.
- Citation
- [2026] KEHC 9723 (KLR)
- Parties
- Deceased / Estate: Estate of Onsongo Ndarera Mogaka (Deceased); Administrator: Peter Ogakumi Onsongo; Administrator: Thomas Osoro Onsongo; Former Administrator (deceased): Kennedy Kaunda Onsongo; Proposed Substitute Administrator / Widow: Norah Kwamboka Onchiri
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 23 of 2013
- Procedural Posture
- Succession Cause; Application for Substitution of a Co Administrator Brought as a Summons for Rectification of Grant / Ruling on Application
- Outcome
- Application allowed
- Judges
- ["Sifuna Nixon"]
- Legal Topics
- Substitution of Administrator, Rectification of Grant, Death of Administrator, Administration of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Estate of Onsongo Ndarera Mogaka (Deceased)
Deceased / Estate
Peter Ogakumi Onsongo
Administrator
Thomas Osoro Onsongo
Administrator
Kennedy Kaunda Onsongo
Former Administrator (deceased)
Norah Kwamboka Onchiri
Proposed Substitute Administrator / Widow
Procedural Posture
Succession Cause; Application for Substitution of a Co Administrator Brought as a Summons for Rectification of Grant / Ruling on Application
Legal Issues
- 1 Whether the death of one co-administrator rendered the grant inoperative
- 2 Whether the deceased co-administrator could be substituted by his widow
- 3 Whether the application for rectification of grant had merit
Ratio Decidendi
The court held that the death of one co-administrator did not make the grant inoperative and there was no legal bar to substituting the deceased sibling administrator with his widow, especially where the family had consented and the replacement did not exceed the allowable number of administrators.
Court Disposition
Application allowed
Orders
- Kennedy Kaunda Onsongo, the deceased third administrator, is substituted with his widow, Norah Kwamboka Onchiri.
- The administrators, now three in number, shall complete administration within 60 days from the date of the ruling and file a report to court.
Full Case Text
Judgment text and source record
1 paragraphs
In re Estate of Mogaka (Deceased) (Succession Cause 23 of 2013) [2026] KEHC 9723 (KLR) (2 July 2026) (Ruling) Neutral citation: [2026] KEHC 9723 (KLR) Republic of Kenya In the High Court at Kisii Succession Cause 23 of 2013 Sifuna Nixon, J July 2, 2026 IN THE MATTER OF THE ESTATE OF THE LATE ONSONGO NDARERA MOGAKA (DECEASED) Ruling 1.This is an Application for substitution of a co-Administrator. The Application which is dated 21st July 2025, was brought as a Summons for Rectification of Grant. The same is supported by a Supporting Affidavit and is based on the grounds stated in it. The principal ground being that while the grant was issued to three Administrators who are all siblings and the sons of the Late Onsongo Ndarera Mogaka, one of them has recently passed on. 2.The three Administrators were: (1) Peter Ogakumi Onsongo, (2) Thomas Osoro Onsongo, And (3) Kennedy Kaunda Onsongo. It Is Kenney Kaunda Onsongo who has since passed on, and the remaining administrators are by this Application seeking to substitute him with his widow Norah Kwamboka Onchiri. 3.She has agreed on this, and that the whole family has accepted; as stated in the Consent dated 8th June 2026, and which was filed in this Court on even date, and is signed by all beneficiaries. 4.I hold that the death of the said co-Administrator has not made this grant unoperative, and that while that is so, there is no legal bar to administrators substituting their late brother the co-Administrator. In any case the substitution does not increase the number of administrators beyond the prescribed four, and the deceased was not a sole Administrator. 5.This Application is therefore found to have merit and is hereby allowed. In terms that the third Administrator Kennedy Kaunda Onsongo now deceased is hereby substituted with Norah Kwamboka Onchiri who is his widow. 6.I further direct the Administrators, now three in number as initially, to complete administration within 60 days from today, and submit a report to this Court. DATED AND DELIVERED AT KISII ON THIS 2ND DAY OF JULY 2026.PROF (DR) NIXON SIFUNAJUDGE