https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10167

In re Estate of Chesoni (Deceased) (Succession Cause E022 of 2026) [2026] KEHC 10167 (KLR) (13 July 2026) (Ruling) Neutral citation: [2026] KEHC 10167 (KLR) Republic of Kenya In the High Court at Eldoret Succession Cause E022 of 2026 RN Nyakundi, J July 13, 2026 IN THE MATTER OF THE ESTATE OF EMILY NANJALA CHESONI (DECEASED) In the matter of Hudson Khакаme Chesoni Applicant Ruling 1.Before this Court is an application dated 6th February 2026 brought under Section 54, 5th Schedule of Probate and Administration Rules. The Applicant seeks a for a grant of Letters of Administration Ad Colligenda of the estate of the above-named Emily Nanjala Chesoni who died domiciled in Kenya on the 21st day of November, 2025 which by law devolves and vests in her personal representatives but limited to the purpose only of accessing monies held at Kenya Commercial Bank Kitale Branch Account No. 1177017741 in order to settle the medical debt incurred during deceased's illness and doing such things as may be necessary for the preservation of the same until further representation is granted. 2.The applicant further stated as follows:a.I present this petition in my capacity as Husband of the deceased Emily Nanjala Chesoni and owing to the reason of the fact to the special circumstances of the case as stated out in the affidavit filed herewith and that at this stage it would be impossible for the Court to make full grant to the persons who are entitled thereto in sufficient time to meet necessities of the estate of the deceased.b.I will faithfully administer according to law all the estate of the deceased which by law devolves to and vests in her personal representatives for use and benefit of the estate of the said Emily Nanjala Chesoni limited as aforesaid and will render a true and just account thereof whenever required by law to do so.c.That I have no powers to distribute the estate under the grant. 3.The application is supported by an affidavit sworn by one Hudson Khakame Chesoni who deponed as follows;i.That the full name of the deceased whose estate the proceedings herein relate is Emily Nanjala Chesoni and I am the Petitioner named in the petition herein dated the 6th February, 2026 upon which I have endorsed my name at the time of swearing this Affidavit.ii.That I am the Husband respectively to the deceased herein.iii.That the deceased died on the 21st November, 2025 at Makindu locationiv.That the deceased died intestate and left the following persons surviving him as can be evidence by the Chief's letter:-Name Relation Agea.Victor Cheката Chesoni Son AdultB.Aniта Кнаkasa Chesoni Daughter AdultC.Kevin Chesoni Son AdultD.Daniellah Phenda Chesoni Daughter AdultE.Eugine Chisaina Chesoni Son AdultF.Vyonna Rasoa Kнакаме Daughter Adultv.That I require grant of letters of administration Ad Colligenda to enable us access monies held at Kenya Commercial Bank Kitale Branch Account No. 1177017741 in order to pay medical debts incurred during deceased's illness. (Annexed and marked HKC4 is the Temporary Bank Account Card)vi.That the death devastated the family and the family has been unable to raise the medical fees incurred during deceased's illness.vii.That I believe to be veracious that it will be not cost effective to obtain full grant for purposes of accessing monies owing to the estate pending filing of the full grant.viii.That I have no power to distribute the estate of the deceased under the grant.ix.That the other beneficiaries of the estate of the deceased have no objection to this Honorable Court issuing me with a limited grant ad colligenda for the purpose of withdrawing the monies in the deceased's account.x.That the beneficiaries have all consented to my appointment as the administrator for the purpose of accessing monies held at Kenya Commercial Bank Kitale Branch Account No. 1177017741.xi.That what is stated above is true and to the best of my knowledge save as to matters deponed to on information and belief the sources and grounds whereof have been specified and set out hereinabove. Decision 4.A Grant of Letters of Administration Ad Colligenda Bona is a limited legal grant issued to the administrator or administrators to collect and preserve a deceased person’s estate pending the issuance of a full grant. It is strictly used for urgent situations such as covering funeral costs, paying bills or securing assets and cannot be used to distribute the assets. This special limited grant is governed by Section 67 of the Law of Succession Act. The following cases demonstrate circumstances under which the Courts have exercised discretion to this special limited grant generally known as Ad Colligenda Bona; Payment of Medical Bills and Estate Preservation In re Estate of Edward Nganga Kabue (Deceased) [2025] KEHC 10527 the Court issued a limited grant to the Petitioner to collect assets and authorized a Kshs. 4,000,000 withdrawal specifically to settle an accumulating hospital bill at the Nairobi Hospital before a full succession process could be filed. General Upkeep and School Fees In re Estate of Daniel A. Korir Kipkurui (Deceased) [2021] KEHC 4307 the High Court at Eldoret issued a limited grant to allow the Petitioner to withdraw funds for the general upkeep of the minors and payment of school fees at Potters House Academy Eldoret pending a full grant of representation. Funeral Expenses and Debt Settlement In re Estate of David Oduor Odhiambo (Deceased) [2024] KEHC 946 the Court granted a limited grant of representation ad Colligenda bona allowing the Petitioner to withdraw Kshs. 3,000,000 from a KCB Kisumu Branch account to cover funeral expenses, international university tuition for the deceased's daughter, and urgent business debts. Legal Limitations: Not for Distribution In re Estate of Katamo (Deceased) [2026] KEHC 8055 the Court highlighted that an ad colligenda bona grant is limited to collection and preservation. It cannot be utilized as a substitute for a full grant to subdivide or distribute the estate's assets among beneficiaries. Authority to Institute Suits Nango & 2 others v Lagat & another (Probate & Administration) [2026] KEHC 1888, the Court clarified that a grant ad colligenda bona only includes the right to institute a suit or legal objection if the grant document explicitly contains those specific words. Otherwise, it is strictly for assembling the estate. Legal Parameters for These Grants Expiration/Timeframe: Limited grants are typically valid for a strict timeframe (e.g. 6 months), within which the Petitioner is expected to file for a full grant of Letters of Administration.Public Notice: Under Section 67(1) of the Law of Succession Act, the Court may require that an application for a limited collection grant be published, allowing objections to be filed within 30 days. 5.I have reviewed the petition and the accompanying affidavit outlining the reasons for the special grant under Section 67 of the Law of Succession Act. I am satisfied that there is merit for this Court to exercise discretion for the Letters of Administration Ad Colligenda Bona to be issued to the Petitioner. 6.It is so ordered. DATED, DELIVERED AND PUBLISHED VIA CTS AT ELDORET THIS 13TH DAY OF JULY 2026.............................R. NYAKUNDIJUDGE