[2025] KEHC 5702 (KLR)
The court found that the deceased was involved in litigation at the time of his death and that the suit concerned property forming part of the estate. The absence of a grant of representation had led to the dismissal of the suit for lack of locus standi. The court held that, although ordinarily actions regarding the...
Source-derived case information.
- Citation
- [2025] KEHC 5702 (KLR)
- Parties
- Applicant: Catherine Wangari Kariuki; Applicant: Kevin Gathage Kariuki; Applicant: Daisy Agnes Wambui Kariuki; Applicant: Charles Mwangi Kariuki; Respondent: Denis Kamau Kariuki
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration E005 of 2025
- Procedural Posture
- Probate and Administration / Ruling on Application for Limited Grant Ad Litem
- Outcome
- application for limited grant ad-litem allowed
- Judges
- LN Mutende
- Legal Topics
- Grant of Letters of Administration, Ad Litem Powers, Estate Preservation, Locus Standi, Pending Litigation, Intestate Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catherine Wangari Kariuki
Applicant
Kevin Gathage Kariuki
Applicant
Daisy Agnes Wambui Kariuki
Applicant
Charles Mwangi Kariuki
Applicant
Denis Kamau Kariuki
Respondent
Procedural Posture
Probate and Administration / Ruling on Application for Limited Grant Ad Litem
Legal Issues
- 1 Whether a limited grant of letters of administration ad-litem should issue to enable prosecution of a pending suit involving the deceased's estate.
- 2 Whether Daisy Agnes Wambui Kariuki has locus standi to act on behalf of the estate in the pending litigation.
- 3 Whether the issuance of a limited grant is necessary for the preservation of the estate property.
Ratio Decidendi
The court found that the deceased was involved in litigation at the time of his death and that the suit concerned property forming part of the estate. The absence of a grant of representation had led to the dismissal of the suit for lack of locus standi. The court held that, although ordinarily actions regarding the estate are conducted after confirmation of a full grant, there are circumstances where a limited grant is necessary to preserve the estate or to enable ongoing legal proceedings. The applicants demonstrated sufficient cause for the issuance of a limited grant ad-litem to Daisy Agnes Wambui Kariuki, limited to the prosecution of the pending suit and without authority to...
Court Disposition
application for limited grant ad-litem allowed
Orders
- Letters of Administration Ad-Litem shall issue to Daisy Agnes Wambui Kariuki limited to filing and prosecution of the suit MCELC No. E 1489 of 2020 without power of distribution of the estate.
- No order as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
In re Estate of Joseph Kariuki Mwangi (Deceased) (Probate & Administration E005 of 2025) [2025] KEHC 5702 (KLR) (5 May 2025) (Ruling)
Neutral citation: [2025] KEHC 5702 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Probate & Administration E005 of 2025
LN Mutende, J
May 5, 2025
IN THE MATTER OF THE ESTATE OF JOSEPH KARIUKI MWANGI (DECEASED)
In the matter of
Catherine Wangari Kariuki
1st Petitioner
Kevin Gathage Kariuki
2nd Petitioner
Daisy Agnes Wambui Kariuki
3rd Petitioner
Charles Mwangi Kariuki
4th Petitioner
Ruling
1. The Petitioners, presented to this court a petition seeking grant of Letters of Administration intestate dated 15/10/2024 respect of the Estate of the Deceased.
2. On 10/4/2025, they approached the court seeking grant of letters of Administration Ad-Litem to issue to Daisy Agnes Wambui Kariuki for purposes of filing suit and acting in a matter- MCELC No. E 1489 of 2020 without distribution of the Estate.
3. The petition is supported by an affidavit deposed by the Applicants and Denis Kamau Kariuki, a beneficiary of the Estate who aver that the deceased, died on the 17th January, 2024 domiciled in Kenya while he was a party in the land case which was dismissed as Daisy who purported to be his legal representative lacked the locus Standi to prosecute the suit.
4. That the suit in issue touches on property Title Number L.R.9042/77-Grant LR 67793 in the name of the deceased which calls upon the intervention of the court to protect and preserve the Estate of the deceased.
5. I have duly considered the application. Generally, an action regarding the estate of the deceased would be conducted after confirmation of the grant of representation. However, there are instances where there is need for action to be taken by the dependants to preserve the estate, including acting in ongoing legal proceedings; and, it is on such an instance that a limited grant can be issued.
6. It is demonstrated that the deceased was involved in litigation at the time of his death. This calls on someone being allowed to continue with the litigation and in the instant case Daisy has been identified to act as such.
7. In the premises, I am satisfied as to the reasons why the Limited grant of letters Administration Ad-Litem should issue. Consequently, I direct that Letters of Administration Ad-Litem shall issue to Daisy Agnes Wambui Kariuki limited to filing and prosecution of the suit without power of Distribution of the Estate.
8. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 5TH DAY OF MAY, 2025. L.N. MUTENDEJUDGE