https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6982

In re Estate of Catherine Muthoni Mugwe (Deceased) (Succession Cause E143 of 2024) [2026] KEHC 6982 (KLR) (Family) (19 May 2026) (Ruling) Neutral citation: [2026] KEHC 6982 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Succession Cause E143 of 2024 CJ Kendagor, J May 19, 2026 IN THE MATTER OF THE ESTATE OF CATHERINE MUTHONI MUGWE – DECEASED Between Josephine Wanjiru Macharia 1st Executor Elijah Kihungu Macharia 2nd Executor and Luis Kimani Gatonye 1st Beneficiary Muthee Mbire Ruenji 2nd Beneficiary and John Mugwe Objector Ruling 1.Josephine Wanjiru Macharia and Elijah Kihungu Macharia petitioned the Court for the Grant of Probate with a Written Will in respect of the Estate of Catherine Muthoni Mugwe who died on 7th July, 2023. The petitioners relied on a Will dated 30th June, 2023, which appointed them as executors. 2.Upon publication in the Kenya Gazette, one of the deceased’s sons, John Mugwe (objector), filed an objection to the issuance of the Grant, contesting the validity of the Will dated 30th June, 2023. The objection presents two primary arguments - first, he asserts that the signature on the Will is forged. Second, he contends that the Will was procured through coercion and/or undue influence, citing that it purportedly was executed while the deceased was critically ill and near death. 3.The Objector points to the inclusion and omission of certain properties within the deceased’s estate as evidence that the deceased was not in a proper state of mind to execute the Will. 4.The Petitioners oppose the objection, and their position is supported by Luis Kimani Gatonye and Muthee Mbire Ruenji, who are beneficiaries of the estate. 5.In an effort to substantiate his claims, the Objector sought a forensic examination of the Will. In a report dated 3rd February, 2025, the Directorate of Criminal Investigations (DCI) concluded that the signature on the Will and the signatures from the verified samples of the deceased were made by different authors. 6.The two beneficiaries challenged the report and applied for a second forensic examination. In a second report dated 15th September, 2025 the DCI arrived at the same findings as the first report. 7.The parties later agreed to forego a viva voce hearing and requested the Court to make a determination on the objection proceedings based on the pleadings and submissions. 8.The Petitioners also lodged an application dated 11th December, 2025 in which they asked the Court to allow them to cross-examine the makers of the forensic reports and also sought an order expunging the second report from the record. The Petitioners also asked that an order be made for a fresh forensic examination based on the Objector’s and Luis’s (beneficiary) documents. Analysis and determination 9.Under Section 47 of the Law of Succession Act and Rule 73 of the Probate and Administration Rules, this Court has wide inherent powers to make such orders as may be expedient to ensure that the ends of justice are met and to prevent abuse of the Court process. 10.Upon an analysis of the pleadings submitted by the parties and the various issues they have raised, along with a review of the two forensic reports pertaining to the authenticity of the Will, the Court determines that the issues under consideration raise substantial questions of fact that cannot be adequately determined on analysing affidavit evidence alone. 11.Consequently, the directions earlier adopted are set aside, and the petition, objection and cross petition shall proceed to hearing by viva voce evidence. Given that the main issue is the authenticity of the Will, the Petitioners will present their case first, followed by the Objector. 12.In reference to the prayers made in the application dated 11th December, 2025, the Court declines to expunge the second forensic examination. However, to accommodate the parties challenging the report, and considering that the report appears to rely on the same documents evaluated in the first report, despite an order for examination based on additional documentation, the Petitioners/Beneficiaries are granted an opportunity to pursue a further examination by the DCI using the additional documents the Beneficiaries submitted through the index shared with the DCI via letter dated 30th April, 2025. 13.The Beneficiaries shall effect service of the orders issued in this ruling upon DCI forthwith and diligently follow up on the examination and the filing of the report. 14.The Beneficiaries are required to further coordinate with the Hon. Deputy Registrar for the transmission of the Will and any other necessary accompanying documents to the DCI. The release of the Will and documents is to be done exclusively through the designated DCI officer. The DCI shall file the report within 90 days of service of the order. 15.To ensure that all parties are onboarded, all correspondence henceforth should be copied to the Court and all parties. 16.Costs shall be in the cause. 17.Orders accordingly. DATED AND DELIVERED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM ON THIS 19TH DAY OF MAY, 2026.…………………………C. KENDAGORJUDGEIn the presence of:Court Assistant: BerylMr. Kariuki Karanja, Advocate for the ObjectorMr. Gatheru, Advocate holding brief for Amos Kiarie, Advocate for the PetitionersNo attendance for the Beneficiaries