[2025] KEHC 8131 (KLR)
The court found that the application was unopposed and that all beneficiaries had agreed on the distribution of the deceased administrator's share. The previous orders and grant erroneously named a deceased administrator, which hindered the proper administration of the estate and caused hardship to the surviving...
Source-derived case information.
- Citation
- [2025] KEHC 8131 (KLR)
- Parties
- Applicant: Stephen Kimani Mwangi; Applicant: Peninah Wambui Mwangi; Respondent: Nellius Waruinu Mwangi (Deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1229 of 2002
- Procedural Posture
- Succession Cause / Ruling on Application to Set Aside and Review Previous Orders and Amend Grant
- Outcome
- Application allowed as prayed; no order as to costs.
- Judges
- HK Chemitei
- Legal Topics
- Administration of Estates, Confirmation of Grant, Rectification of Grant, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Kimani Mwangi
Applicant
Peninah Wambui Mwangi
Applicant
Nellius Waruinu Mwangi (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Set Aside and Review Previous Orders and Amend Grant
Legal Issues
- 1 Whether the orders issued on 26/11/2024 by the Deputy Registrar should be set aside or reviewed.
- 2 Whether the chief's letter dated 18/9/2024 and the proposed schedule of allocation should be adopted.
- 3 Whether the grant of letters of administration and certificate of confirmation of grant should be amended to reflect the current surviving administrators.
Ratio Decidendi
The court found that the application was unopposed and that all beneficiaries had agreed on the distribution of the deceased administrator's share. The previous orders and grant erroneously named a deceased administrator, which hindered the proper administration of the estate and caused hardship to the surviving administrators. In the absence of any objection and in accordance with the Law of Succession Act, the court held that it was just and lawful to set aside the previous orders, adopt the chief's letter and distribution schedule, and amend the grant and certificate of confirmation to reflect the surviving administrators, thereby enabling them to continue managing the estate effectively.
Court Disposition
Application allowed as prayed; no order as to costs.
Orders
- Orders issued on 26/11/2024 by the Deputy Registrar are set aside and/or reviewed.
- The chief's letter dated 18/9/2024 and the proposed schedule of allocation are adopted.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Mwangi Maithu alias Josephat Mwangi Maitho (Deceased) (Succession Cause 1229 of 2002) [2025] KEHC 8131 (KLR) (Family) (12 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8131 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 1229 of 2002
HK Chemitei, J
June 12, 2025
IN THE MATTER OF THE ESTATE OF MWANGI MAITHU alias JOSEPHAT MWANGI MAITHO (DECEASED)
In the matter of
Stephen Kimani Mwangi
1st Applicant
Peninah Wambui Mwangi
2nd Applicant
Ruling
1. This ruling relates to the application dated 24th February, 2025 filed by Stephen Kimani Mwangi seeking for orders that:a.This honourable court be pleased to set aside and or review the orders issued on 26/11/2024 by the Deputy Registrar Hon. Margaret Kurumbu.b.The chief’s latter dated 18/9/2024 filed in court be deemed properly filed and the schedule of allocation of the share of Nellius Waruinu Mwangi be adopted as per the said chief’s letter.c.The grant of letters of administration made to Nellius Waruinu Mwangi (Deceased) in this matter on the 26th November, 2005 be amended to Stephen Mwangi and Penninah Wambui Mwangi the only surviving beneficiaries and the administrators of the Estate of Mwangi Maitho.d.The certificate of confirmation of grant amended and issued to Nelius Waruinu Mwangi (Deceased) on 5th March, 2024 be rectified and the same be issued to Stephen Kimani Mwangi and Peninah Wambui Mwangi.e.The certificate of confirmation of grant be amended and reissued to Stephen Kimani Mwangi and Peninah Mwangi, the surviving administrators of the estate of Mwangi Maitho.
2. The application is based on the grounds on the face thereof and supported by affidavit sworn by Stephen Kimani Mwangi on 24th February, 2025.
3. He avers inter alia that he is one of the administrators of the estate of the late Mwangi Maitho. Following the death of the previous administrator, Nelius Waruinu Mwangi, an application was filed on 6th November, 2023 to revoke her grant of administration. The court granted the application on 5th March, 2024 and appointed Stephen Kimani Mwangi and Peninah Wambui Mwangi - the only surviving beneficiaries - as the new administrators.
4. Subsequently, on 27th May, 2024, they wrote to the court seeking reissuance of the grant to reflect the change. In response, the court registry, via email on 9th July, 2024, requested a distribution schedule showing how Nelius’s share would be allocated. They filed a chief’s letter confirming the rightful heirs on 18th September, 2024. However, on 26th November, 2024, they were informed the matter had been dismissed due to a court clearance exercise.
5. The confirmation of grant dated 5th March, 2024 was issued with an error - naming the late Nelius as the administrator instead of the new administrators. Now, both current administrators are unwell and urgently need medical attention, which they cannot access due to restrictions caused by the erroneous court orders. Given the death of Nelius, her role in the estate is no longer valid. The grant was revoked accordingly and the current administrators - Stephen and Peninah - should be allowed to continue managing the estate.
6. All beneficiaries have agreed on how Nelius's share should be distributed and a distribution schedule has been submitted. As the only surviving administrators, they are best positioned to continue the administration. Under the Succession Act, and in the absence of any objections, it is fair and lawful for the remaining administrators to proceed. The court is urged to allow the matter to proceed on its merits and to make necessary corrections to facilitate proper estate administration
7. The application is not opposed and there are no written submissions filed.
8. Having perused the said application and in view of the fact that there is no objection the same is hereby allowed as prayed with no order as to costs.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 12TH DAY OF JUNE 2025. H K CHEMITEIJUDGE