In re Mukherjee (Deceased) (Miscellaneous Succession Cause E151 of 2025) [2026] KEHC 4899 (KLR) (Family) (17 April 2026) (Ruling)

In re Mukherjee (Deceased) (Miscellaneous Succession Cause E151 of 2025) [2026] KEHC 4899 (KLR) (Family) (17 April 2026) (Ruling)

An unregistered foreign company incorporated abroad possesses legal personality and locus standi to institute succession proceedings in Kenya. Delay by priority beneficiaries in administering the estate prejudices creditor rights and cannot be justified by inability to trace the Will. Respondents are compelled to file for grant of representation within 30 days; failing which, the Applicant may petition for administration.

Citation
[2026] KEHC 4899 (KLR)
Parties
Applicant: Enko Africa Private Equity Fund; 1st Respondent: Chaitanya Sanjivan Mukherjee; 2nd Respondent: Nivedita Sharma
Court
High Court
Jurisdiction
Kenya
Judgment Date
17 April 2026
Case Number
Miscellaneous Succession Cause E151 of 2025
Procedural Posture
Miscellaneous Succession Cause / Ruling
Outcome
Notice of Motion dated 30 June 2025 dismissed; Summons dated 21 May 2025 succeeds in part.
Legal Topics
Probate and Administration, Foreign Company Locus Standi, Creditor Rights, Estate Administration, Access to Justice
Source Language
English
Succession Law Corporate Law Constitutional Law Probate and Administration Foreign Company Locus Standi Creditor Rights Estate Administration Access to Justice

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Parties

Enko Africa Private Equity Fund

Applicant

Chaitanya Sanjivan Mukherjee

1st Respondent

Nivedita Sharma

2nd Respondent

Procedural Posture

Miscellaneous Succession Cause / Ruling

Legal Issues

  1. 1 Whether an unregistered foreign company has locus standi to institute succession proceedings in Kenya
  2. 2 Whether Respondents can be compelled to bring in the Deceased's Will or file for grant of representation
  3. 3 Whether delay in estate administration prejudices creditor rights

Ratio Decidendi

An unregistered foreign company incorporated abroad possesses legal personality and locus standi to institute succession proceedings in Kenya. Delay by priority beneficiaries in administering the estate prejudices creditor rights and cannot be justified by inability to trace the Will. Respondents are compelled to file for grant of representation within 30 days; failing which, the Applicant may petition for administration.

Court Disposition

Notice of Motion dated 30 June 2025 dismissed; Summons dated 21 May 2025 succeeds in part.

Orders

  • Respondents to file Petition for Grant of Representation within thirty (30) days.
  • In default, Applicant at liberty to file Petition for Grant of Letters of Administration.