In re Estate of John Githinji (Deceased) (Succession Cause E006 of 2025) [2026] KEHC 6747 (KLR) (Family) (19 May 2026) (Ruling)

In re Estate of John Githinji (Deceased) (Succession Cause E006 of 2025) [2026] KEHC 6747 (KLR) (Family) (19 May 2026) (Ruling) Neutral citation: [2026] KEHC 6747 (KLR) Republic of Kenya In the High Court at Nyandarua Family Succession Cause E006 of 2025 KW Kiarie, J May 19, 2026 IN THE MATTER OF THE ESTATE OF JOHN ITEGI GITHINJI-DECEASED Between Rose Nyambura Itegi Respondent and Anne Gathoni Kabuchu Applicant Ruling 1.Anne Gathoni Kabuchu, the 2nd administrator/applicant herein, moved the court by way of Summons (General) dated 13th March, 2026, under sections 47, 76 (d) (ii) and 83 (e) (f) (g) and (h) of the Law of Succession Act & under Rules 49, 59 (5) & 73 of the Probate and Administration Rules. She is seeking the following orders:a.That this application be certified urgent. [ Spent]b.That the Deputy Registrar, High Court of Kenya, Nyandarua, be authorized to sign all the necessary documents in place of the 1st administrator/respondent to enable the full implementation of the certificate of confirmation of grant dated 17th June, 2025 and distribution of the deceased's estate to the beneficiaries thereof.c.That the 1st administrator/respondent, Rose Nyambura Itegi, be relieved of her duties as personal representative (administrator) of the deceased's estate and her appointment as Administrator of the deceased's estate be revoked.d.That the 1st administrator/respondent be compelled to surrender the title documents for the under listed properties of the deceased to the 2nd Administrator/applicant or to this honourable court, through the Deputy Registrar, High Court of Kenya, Nyandarua and in default, the Land Registrar, Nyandarua/Samburu Land Registry, do dispense with production of the Title documents for the under listed properties: -i.Title Number Nyahururu Municipality Block 8/41 1ii.Title Number Nyandarua/Nandarasi/2278iii.Title Number Nyandarua/Lesirko/1879iv.Title Number Nyandarua/Lesirko/623v.Title Number Nyandarua/Lesirko/317vi.Title Number Nyandarua/Lesirko/1749vii.Title Number Nyandarua/Lesirko/689viii.Title Number Nyandarua/Lesirko/798ix.Title Number Nyandarua/Ol Joro Orok Township/99x.Title Number Nyahururu Municipality Block 8/321xi.Title Number Nyahururu Municipality Block 6/459e.That the honourable Court be pleased to make an order appointing M/S Nyakach Commercial & Insurance Agency Limited as Agent for purposes of collecting and receiving rental income in the deceased's commercial building erected in Property Title Number Nyahururu Municipality Block 6/459, who shall share such rental income between the applicant and the respondent equally, after making any necessary deductions, including the agency commission.f.That this honourable court be pleased to make orders requiring the 1st administrator/respondent to file and produce to Court a full and accurate account of the rent collected and received by the 1st administrator/respondent in the deceased's said commercial building erected in property title number Nyahururu Municipality Block 9/459 from 17th June, 2025 up to date and to pay one half (½) share of such rental income to the 2nd administrator/applicant.g.The costs of this application will be paid by the petitioner/1st administrator/respondent. 2.The application was premised on the following grounds:a.That a Grant of Letters of Administration Intestate was issued on 29th September, 2022, to the applicant and the respondent jointly in the instant succession cause and the said Grant was confirmed on 17th June, 2025, when this honourable court made orders on the mode of distribution of the deceased's estate and a Certificate of Confirmation of Grant was issued on 17th June, 2025.b.That the petitioner/ 1st administrator/respondent, who is a co-administrator of the deceased's estate, has adamantly and stubbornly refused, failed and or neglected to execute the necessary documents to enable transmission of the deceased's estate to the beneficiaries thereof, thereby making it difficult and impossible to implement the said Certificate of Confirmation of Grant.c.That it is therefore in the interest of justice that the Deputy Registrar, High Court of Kenya, Nyandarua, be authorized to sign all the necessary documents to facilitate the implementation of the said Certificate of Confirmation of Grant and distribution of the deceased's estate to the beneficiaries.d.That the 1st administrator/respondent has become uncooperative in the administration and distribution of the deceased's estate and she has adamantly and stubbornly failed to perform her duties as a personal representative of the deceased's estate.e.That the 1st administrator/respondent's aforesaid conduct calls for revocation of her appointment as personal representative of the deceased's estate.f.That the 1st administrator/respondent has not accounted to court or to the 2nd administrator/applicant or to the beneficiaries of the deceased's estate on the rental income collected from the Deceased's commercial building erected in Property Title Number Nyahururu Municipality Block 6/459, since the deceased's demise and since the confirmation of Grant.g.That since the deceased's demise on 9th January, 2006 up to date, the Petitioner/ 1st administrator/respondent has been unilaterally managing the deceased's said commercial rental property, whereby the 1st administrator/respondent has completely shut the 2nd administrator/applicant and the beneficiaries from the 2nd house of the deceased from both the management of the said property and the sharing of rental income collected from the said property.h.That since 17th June, 2025, when the Grant was confirmed and the said property distributed to the respondent and the applicant, to be shared equally, the 1st administrator/respondent has not in any way involved the 2nd administrator/applicant in the management of the said property and she has continued unilaterally managing the said property, collecting and receiving rent therefrom solely and putting such rent to her own use.i.That in the circumstances, it is necessary that an agent be appointed for purposes of collecting and receiving rent from the said property, so as to ensure that the 2nd administrator/applicant receives her rightful share of rental income from the said property.j.That it is also in the interest of justice that the honourable court be pleased to make an order appointing M/S Nyakach Commercial & Insurance Agency Limited as Agent for purposes of collecting and receiving rental income in the said property title number Nyahururu Municipality Block 6/459, who shall share such rental income between the applicant and the respondent equally, after making any necessary deductions, including the agency commission. 3.The respondent was served but did not file any response in spite of being granted two adjournments. 4.The allegations against the first administrator are very serious, but she chose not to respond. By March 19, 2026, no response had been submitted. The matter was then scheduled for mention on April 22, 2026, to confirm whether a response and submissions had been filed. Mr Ojare, representing the respondent, requested 14 days to comply. When the matter came up for mention on May 7, 2026, Mr Ndegwa informed the court that they had been unable to contact their client and were communicating through her son, a doctor. The request for an extension of time was denied. 5.Almost one year after the confirmation of the grant in this matter, nothing has moved. The applicant is blaming the respondent, her co-administrator. The court has been called upon to intervene. Section 76 of the Law of Succession provides as follows:A grant of representation, whether or not confirmed, may at any time be revoked or annulled if the court decides, either on application by any interested party or of its own motion—(a)that the proceedings to obtain the grant were defective in substance;(b)that the grant was obtained fraudulently by the making of a false statement or by the concealment from the court of something material to the case;(c)that the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant notwithstanding that the allegation was made in ignorance or inadvertently;(d)that the person to whom the grant was made has failed, after due notice and without reasonable cause either—(i)to apply for confirmation of the grant within one year from the date thereof, or such longer period as the court order or allow;or(ii)to proceed diligently with the administration of the estate; or(iii)to produce to the court, within the time prescribed, any such inventory or account of administration as is required by the provisions of paragraphs (e) and (g) of section 83 or has produced any such inventory or account which is false in any material particular; or(e)that the grant has become useless and inoperative through subsequent circumstances. 6.In the instant case, the applicant has sufficiently demonstrated that the respondent’s conduct has made it impossible to proceed diligently with the distribution of the estate. The grant has become useless and inoperative. The grant that was confirmed on 17th June, 2025, is hereby revoked. 7.Any monies or documents that have come into the respondent's possession must be accounted for within two weeks of this ruling. Prayer (d) in the Notice of Motion is allowed, and the respondent must comply within 14 days of this ruling. 8.Due to non-cooperation that has been exhibited, I will allow prayer (e) as well. 9.A new confirmation certificate will be issued in the applicant's name as the sole administrator. The applicant has 90 days to distribute the estate and submit the accounts as per section 83(g) of the Law of Succession Act. If they do not comply, and no court extension is granted, the grant will be revoked. 10.Since this is a family matter, each party will bear its costs. DELIVERED AND SIGNED AT NYANDARUA, THIS 19TH DAY OF MAY, 2026KIARIE WAWERU KIARIEJUDGE