https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6961

In re Estate of Ngilla (Deceased) (Succession Cause 1761 of 2015) [2026] KEHC 6961 (KLR) (Family) (11 May 2026) (Ruling) Neutral citation: [2026] KEHC 6961 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Succession Cause 1761 of 2015 CJ Kendagor, J May 11, 2026 IN THE MATTER OF THE ESTATE OF FRANCIS PHILIP NGILLA (DECEASED) Between Beth Mueni Ngilla Applicant and Mathew Mwaniki Ngilla Respondent Ruling 1.This ruling is on an application dated 12th February, 2026 filed by Mathew Mwaniki Ngila, an administrator of the estate. 2.The background of the probate matter is that Francis Philip Ngilla died on 22nd July, 2013 and a Grant of Letters of Administration was issued on 22nd September, 2016 to Mathew Mwaniki Ngilla and Beth Mueni Ngilla. The petition indicates that Matthew is the son of the deceased from a first marriage and that Beth is the deceased’s second wife/widow. 3.The petition was filed alongside a citation issued to several other dependants of the deceased. On 23rd March, 2016 the Court issued directions that the Citors having been onboarded, the petition was to be gazetted and any objections filed thereafter. 4.No objection was filed and a Grant was issued on 22nd September, 2016 to Mathew and Beth as joint administrators. 5.Thereafter on 2nd November, 2016 the 2nd administrator (Beth) filed an application seeking extension of time to lodge an objection to the Grant. She contended that she had not consented to the filing of the petition and was opposed to the 1st Administrator being granted Letters of Administration. 6.The Court ruled on the application on 31st January, 2019, and held that it had been overtaken by events. It affirmed the Grant issued to the two administrators as representatives of the respective households. The Court directed that the matter proceeds to the stage of Confirmation of the Grant and issued directions giving the parties an opportunity to present their perspectives on distribution. 7.Thereafter, an application dated 1st November, 2019, seeking revocation of the Grant was filed by Priscilla Kamene Ngila, and that application is pending. The parties had filed responses and witness statements in preparation for a viva voce hearing. The record shows that Beth (2nd Administrator) died and that the parties had several attendances in Court while pursuing to substitute her as an administrator. 8.Subsequently, there was a lack of action, and the Court flagged the issue of delay. On 15th June, 2023, when the matter was coming up, there was non-attendance, and the court ordered the file to be closed. 9.In the application now before Court, the Applicant cited Priscilla Kamene Ngila, Amos Mutava Ngomo, the Machakos County Lands Registrar and Joyce Nthenya Ngila as Respondents to the application. 10.The application seeks the following orders;a.Spentb.That this Honourable Court be pleased to set aside, vary and/or review its orders issued on 9th January 2025 terminating the matter, reopen the same and set down the matter for directions;c.That pending the hearing and determination of this application, this Honourable Court be pleased to grant conservatory orders in respect of the Estate of the deceased Francis Philip Ngilla and more particularly land parcel No. Matungulu/Kyaume/1949;d.That pending the hearing and determination of this application and the succession process, this Honourable Court be pleased to grant injunctive orders retsraining the respondents by themselves, their agents, employees, servants and any other person acting on their behalf from subdividing, leasing, selling, disposing, transferring and or in any other way adversely dealing with the Estate of the deceased Francis Philip Ngilla and more particularly land parcel No. Matungulu/Kyaume/1949;e.That this Honourable Court be pleased to revoke, cancel, and or nullify the transfer and registration of Land Parcel No. Matungulu/Kyaume/1949 into the name of Amos Mutava Ngomo, and the title thereof be reverted and reissued in the name of the deceased Francis Philip Ngilla;f.That the grant of letters of administration intestate issued to the 1st respondent herein on 4th October, 2022 and any confirmation thereof be revoked, and/or annulled and the grant issued to the applicant herein dated 22nd September, 2013 be declared as the only valid grant in respect of the estate herein;g.That this court do grant any other appropriate order in the circumstances of this case;h.That the costs of the application be provided for and be borne by the respondents. 11.The application was served, and there was no response from the Respondents. The application proceeded as unopposed. Analysis and determination 12.The issue for determination by the court is whether the Applicant has satisfied the threshold for the grant of the orders sought. 13.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 prevent abuse of court process by parties. 14.The Court has noted that the file was closed on 15th June, 2023 due to delays in prosecuting the matter. To give the parties a chance to pursue the probate case to a conclusion, the file is now reopened, and the application is admitted for hearing and determination. 15.From the analysis of the record that has been captured in the preceding paragraphs, no other grant was issued by the Court in this matter besides the grant issued on 22nd September, 2016. The grant dated 4th October, 2022 in the name of Priscilla Kamene Ngilla (the 1st Respondent) as an Administrator, is purported to have been issued in this same case file. However, there are no proceedings related to the issuance of this grant, nor does any such grant exist in the court file. The Grant has not been issued under the hand and seal of the court and is thus invalid. 16.The Applicant contends that the 1st to 3rd Respondents have effected transfer of an asset of the estate – Matungulu/Kyamume/1949 using the invalid Grant and into the name of the 2nd Respondent. 17.A search certificate has been attached, confirming the registration status of the subject property as at 29th September, 2025. It shows that the property was transferred to Amos (2nd Respondent) on 15th September, 2025. A copy of the title, also attached, indicates that the property was registered in the name of the deceased, with a title issued in the year 2009. The Court has further ascertained that the subject property is part of the assets listed as forming part of the estate. 18.Under Section 45 of the Law of Succession Act, any person who deals with, sells or transfers a deceased person’s property without legal authority is considered to be intermeddling. The transfer of the property Matungulu/Kyaume/1949, prior to the Confirmation of the Grant and the subsequent distribution of the estate, amounts to intermeddling with the estate, rendering it an illegal transaction under the law. 19.Based on the analysis of the submitted documentation, the issues identified involve forgery, fraud, and intermeddling. The parties may pursue appropriate measures to address the criminal aspects through proper avenues. 20.In conclusion, this Court is persuaded that the applicant has made sufficient cause for the Grant of the orders sought. 21.The Court makes the following orders with respect to the application now before Court;a.The order of 15th June, 2023, closing the file is set aside, and the case is reopened.b.The grant dated 4th October, 2022 was not issued under the hand and seal of the Court, rendering it invalid.c.The Grant of Letters of Administration dated 22nd September, 2022 is the valid grant issued in this matter.d.The transfer of the property Matungulu/Kyaume/1949 is determined to constitute intermeddling and is thus declared illegal, null, and void.e.The title in the name of Amos Mutava Ngomo is hereby annulled.f.The title shall revert to the name of the deceased, Francis Philip Ngilla, whom this probate matter relates to.g.Pending the conclusion of the probate matter, the court issues injunctive orders prohibiting the respondents and their agents from leasing, selling, or in any other way adversely dealing with the subject property, Matungulu/Kyaume/1949, as well as any additional assets belonging to the estate.h.The costs of the application are awarded to the applicant, assessed at Kshs.25,000= and are payable by the 2nd respondent.i.The matter shall be scheduled for a mention to take direction towards the conclusion of the probate matter. 22.Orders accordingly. DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM ON THIS 11TH DAY OF MAY, 2026.……………………C. KENDAGORJUDGEIn the presence of:Court Assistant: BerylMr Odhiambo Advocate for AdministratorMr Wangatia Advocate for 1st RespondentMr Moseti Advocate for 2nd Respondent