In re Estate of Mborogo (Deceased) (Probate & Administration 5 of 2017) [2026] KEHC 13285 (KLR) (9 July 2026) (Ruling)

**** **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NYAMIRA** **HCFP&A 5 OF 2017** **IN THE MATTER OF THE ESTATE OF JOHNSON OGEGA MBOROGO (DECEASED)** **AND** **IN THE MATTER OF THE LAW OF SUCCESSION ACT, CAP. 160, LAWS OF KENYA** **AND** **IN THE MATTER OF A PETITION FOR GRANT OF LETTERS OF ADMINISTRATION *DE BONIS NON*-BY HENRY NYAKUNDI OGEGA** **RULING** 1. Before this Court is the Petition for Grant of Letters of Administration *de bonis non* dated 28thFebruary 2026, together with the Certificate of Urgency of even date, presented by Henry Nyakundi Ogega. The petition is supported by the Affidavit in Support of Petition for Grant of Letters of Administration *de bonis non* sworn on even date, the Consent to Letters of Administration of a Person of Lesser or Equal Right dated 28th February 2026, and the Chief's letter dated 20th December 2016 which identifies the applicant as one of the sons of the deceased and, consequently, a beneficiary of the estate. His locus standi to approach the Court is therefore not in dispute. 2. In the supporting affidavit, the applicant states that the original grant of letters of administration was issued jointly to Durusilla Kemunto Ogega and Nelson Nyangore Ogega. He avers that Durusilla Kemunto Ogega is deceased while Nelson Nyangore Ogega has become sick and is unable to continue administering the estate. It is on that basis that the applicant seeks appointment as administrator *de bonis non* to complete the administration of the estate. 3. I have considered the petition, the supporting affidavit and all the documents filed in support thereof. The sole issue for determination is whether the circumstances disclosed justify the issuance of a grant of letters of administration *de bonis non*. 4. The applicant's case is founded on the assertion that the surviving administrator, **Nelson Nyangore Ogega**, has become sick and is therefore unable to continue administering the estate. On that basis, he urges the Court to appoint him administrator de bonis non. 5. The petition itself, however, acknowledges that **Nelson Nyangore Ogega** is alive. Indeed, the **Consent to Letters of Administration of a Person of Lesser or Equal Right** annexed to the petition bears his signature, confirming that he remains the surviving administrator under the original grant. 6. The jurisdiction to issue a grant *de bonis non* is founded upon Section 76(e) of the Law of Succession Act, Cap. 160, which provides that a grant may be revoked where—**"the grant has become useless and inoperative through subsequent circumstances."** 7. A grant of letters of administration de bonis non is intended to facilitate the completion of the administration of an estate where an existing grant has become incapable of further execution because there is no personal representative in whom the powers of administration remain vested. Where a grant has been issued jointly, the surviving administrator continues to hold office and the grant remains operative unless it has otherwise become useless and inoperative within the meaning of the Act. 8. This interpretation accords with the persuasive decisions of the High Court in **In re Estate of Marko Masinde Namasaka (Deceased) (Succession Cause No. 215 of 2015) [2025] KEHC 18750 (KLR)** and **In re Estate of David Mutua Kisini (Deceased) (Succession Cause No. 644 of 2011) [2026] KEHC 730 (KLR)**, where the Court held that where one of several joint administrators survives, the original grant remains operative and a grant of letters of administration de bonis non is unavailable unless there is no surviving administrator capable in law of completing the administration of the estate. 9. I respectfully adopt that reasoning. In the present case, the applicant does not contend that **Nelson Nyangore Ogega** is deceased. Rather, his case is that the surviving administrator is unwell. That assertion, even if accepted, does not satisfy the statutory threshold under **Section 76(e)** of the Law of Succession Act. The surviving administrator remains alive and continues to hold the original grant 10. Consequently, I find that the applicant has failed to demonstrate that the original grant has become **"useless and inoperative through subsequent circumstances"** within the meaning of **Section 76(e) of the Law of Succession Act**. The petition is therefore misconceived and devoid of merit. 11. For the avoidance of doubt, I find that the original grant has **not become "useless and inoperative through subsequent circumstances"** within the meaning of **Section 76(e) of the Law of Succession Act**, there being a surviving administrator, **Nelson Nyangore Ogega**, in whom the powers of administration remain vested. 12. The **Petition for Grant of Letters of Administration** de bonis non dated **28th February 2026** is therefore without merit and it is hereby **dismissed**. **DELIVERED AT NYAMIRA THIS 09th DAY OF July 2026**  **WAMAE.T. W. CHERERE** **JUDGE** **Appearances** **Court Assistant - Hilda** **Applicant - Present in person**