[2025] KEHC 9227 (KLR)
The court found that the administrators had complied with all statutory requirements for confirmation of grant under the Succession Act. The administrators provided a complete inventory of the deceased's assets and liabilities, obtained the necessary consents from all beneficiaries regarding the proposed mode of...
Source-derived case information.
- Citation
- [2025] KEHC 9227 (KLR)
- Parties
- Applicant: Beatrice MWN; Applicant: MGN; Respondent: BMWN; Respondent: MGN
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E075 of 2023
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- grant confirmed
- Judges
- DO Chepkwony
- Legal Topics
- Intestate Succession, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beatrice MWN
Applicant
MGN
Applicant
BMWN
Respondent
MGN
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the administrators have complied with the legal requirements for confirmation of grant under the Succession Act.
- 2 Whether the proposed mode of distribution of the deceased's estate is proper and consented to by all beneficiaries.
- 3 Whether there are any objections to the confirmation of grant.
Ratio Decidendi
The court found that the administrators had complied with all statutory requirements for confirmation of grant under the Succession Act. The administrators provided a complete inventory of the deceased's assets and liabilities, obtained the necessary consents from all beneficiaries regarding the proposed mode of distribution, and no objections were raised by any party. The court was satisfied that the application was properly supported and that the interests of all beneficiaries, including minor children, were adequately protected. Accordingly, the court confirmed the grant of letters of administration and ordered the issuance of a certificate of confirmation of grant as per the proposed...
Court Disposition
grant confirmed
Orders
- The Grant of Letters of Administration issued to BMWN and MGN on 18th December, 2023 is confirmed.
- A Certificate of Confirmation of Grant to issue as per the schedule in the Affidavit in Support of the Summons for Confirmation of Grant.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of AKN (Deceased) (Succession Cause E075 of 2023) [2025] KEHC 9227 (KLR) (16 May 2025) (Ruling)
Neutral citation: [2025] KEHC 9227 (KLR)
Republic of Kenya
In the High Court at Kiambu
Succession Cause E075 of 2023
DO Chepkwony, J
May 16, 2025
IN THE MATTER OF THE ESTATE OF AKN (DECEASED)
Ruling
1. For determination is the Summons for Confirmation of Grant dated 5th November, 2024 which seeks:-a.The Grant of Letters of Administration issued to the said BMWN and MGN issued on 18th December, 2023 to be confirmed.b.The costs of this application be in the cause.
2. It is supported by the Affidavit of Beatrice MWN and MGN and the Consent signed on 5th November, 2024 alongside the full inventory of all the asset and liabilities by the Deceased as at the time of the Deceased’s death and Consent to the mode of distribution of Estate dated on even date.
3. The court has gone through the Supporting Affidavit, the schedule of all assets and liabilities, the Consent to the mode of distribution alongside the entire record and confirm that the Administrators BMWN and MGN have complied with the legal requirements governing Intestate Succession as provided for under the Succession Act, Cap 160 of the Laws of Kenya in respect of the Estate of AKN (Deceased).
4. According to the Petitioner, the Deceased is survived by his widow, BMWN and two (2) minor children namely, DN and NN as confirmed by the Letter from the Assistant Chief, Kirangari Sub-location dated 13th May, 2022, Marriage of Certificate No.56XXXX issued on 5th July, 2008, and Birth Certificate Numbers 89XXXX and 80XXXX for the two issues (minors respectively).
5. The Administrators (Applicants) have also attached a Schedule of the properties (Estate) of the Deceased and Beneficiaries and a Consent to the mode of distribution, both dated on even date and they confirm the Deceased’s Estate beneficiaries thereof and percentage of distribution.
6. The Grant of Letters of Administration Intestate was issued to BMWN and MGN on 18th December, 2023, which is a period of one (1) year and four (4) months ago.So far, there has been no objection raised/lodged in the matter.
7. Therefore, the following orders issue:-a.The Grant of Letters of Administration issued to the said BMWN and MGN issued on 18th December, 2023 be and is hereby confirmed.b.A Certificate of Confirmation of Grant to issue as per the schedule in the Affidavit in Support of the Summons for Confirmation of Grant.c.The Petitioners be and are hereby appointed as personal representatives of the Estate of AKN (Deceased) to manage and distribute the assets and liabilities, (if any), thereof.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 16THDAY OF MAY, 2025. D. O. CHEPKWONYJUDGE