[2025] KEHC 8514 (KLR)

Parties

Procedural Posture

Probate and Administration / Ruling on Citation for Grant of Letters of Administration

Legal Issues

1. 1 Whether the citee's refusal to consent or renounce his right to apply for letters of administration justifies granting the citor leave to proceed without his consent.
2. 2 Whether the citor is entitled to apply for letters of administration in the absence of the citee's cooperation.

Ratio Decidendi

The court found that the citee, despite being properly served, failed to enter appearance, accept or refuse the letters of administration, or show cause why the same should not be granted to the applicant. The court held that the requirements of Rule 26 of the Probate and Administration Rules were satisfied, as the citee neither renounced his right nor signed the necessary consent. The court concluded that there was no legal impediment to granting the applicant leave to proceed with the application for letters of administration without the citee's consent. However, the court provided a final opportunity for the citee to take out letters of administration within 30 days, failing which the...

Court Disposition

Citation allowed; conditional leave granted to applicant to proceed with letters of administration.

Orders

• The citee is granted 30 days to take out letters of administration.
• In default, the applicant may proceed to apply for letters of administration without the citee's consent.