[2025] KEHC 10348 (KLR)
The court found that Anna Jerono Kwambai, as a daughter of the deceased and a person entitled to a share in the estate, was justified in issuing a citation to Michael Kwambai, who is also entitled. Michael Kwambai failed to respond to the citation or to accept or refuse the grant of letters of administration within...
Source-derived case information.
- Citation
- [2025] KEHC 10348 (KLR)
- Parties
- Applicant: Anna Jerono Kwambai; Respondent: Michael Kwambai
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Citation Cause E071 of 2024
- Procedural Posture
- Citation Cause / Ruling on Citation to Accept or Refuse Letters of Administration
- Outcome
- Citation allowed; procedural directions issued for convening a family meeting and status conference.
- Judges
- RN Nyakundi
- Legal Topics
- Probate and Administration, Letters of Administration, Intestate Succession, Citation Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anna Jerono Kwambai
Applicant
Michael Kwambai
Respondent
Procedural Posture
Citation Cause / Ruling on Citation to Accept or Refuse Letters of Administration
Legal Issues
- 1 Whether Michael Kwambai, as a person entitled to the estate, should accept or refuse letters of administration intestate within the stipulated period.
- 2 Whether Anna Jerono Kwambai is entitled to apply for grant of letters of administration if Michael Kwambai fails to act.
- 3 What procedural steps are necessary for the appointment of an administrator for the estate of Samwel Kwambai.
Ratio Decidendi
The court found that Anna Jerono Kwambai, as a daughter of the deceased and a person entitled to a share in the estate, was justified in issuing a citation to Michael Kwambai, who is also entitled. Michael Kwambai failed to respond to the citation or to accept or refuse the grant of letters of administration within the stipulated period. In accordance with section 66 of the Law of Succession Act and Rule 21 of the Probate and Administration Rules, the court directed that a meeting be convened by the Area Chief to notify all eligible family members, discuss the appointment of an administrator, identify assets and liabilities, and agree on the necessary documentation for the application for...
Court Disposition
Citation allowed; procedural directions issued for convening a family meeting and status conference.
Orders
- The Area Chief shall convene a meeting of all eligible family members to discuss the appointment of an administrator, identification of assets and liabilities, and documentation for the application for grant of letters of administration.
- A status conference shall be held on 29th July 2025 to review compliance and progress.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Samwel Kwambai (Deceased) (Citation Cause E071 of 2024) [2025] KEHC 10348 (KLR) (16 July 2025) (Ruling)
Neutral citation: [2025] KEHC 10348 (KLR)
Republic of Kenya
In the High Court at Eldoret
Citation Cause E071 of 2024
RN Nyakundi, J
July 16, 2025
IN THE MATTER OF THE ESTATE OF THE LATE SAMWEL KWAMBA (DECEASED)
Between
Anna Jerono Kwambai
Citor
and
Michael Kwambai
Citee
Ruling
1. Before me is a Citation to Accept or Refuse Letters of Administration Intestate brought pursuant to Rule 21 of the Probate and Administration Rules addressed to Michael Kwambai of Eldoret. The Citation states interalia:a.Whereas it appears by the affidavit of Anna Jerono Kwambai of P.O. Box 412 Eldoret, sworn the 4th day of June 2024 that the above-named Samwel Kwambai died in July 2002 intestate leaving you the said Michael Kwambai his sons as one of the persons entitled to share in his estate:b.And Whereas it further appears by the said affidavit that the said that the said Anna Jerono Kwambai is a daughter of the Late Samwel Kwambai and one of the persons entitled to share in his estate:c.Now this is to direct you the said Michael Kwambai to within 15 (Fifteen)days after service hereof on you inclusive of the day of such service cause an Appearance to be entered for you in the Registry and Accept or Refuse Letters of Administration of all the Estate which by law devolves to and vests in the personal representative of the deceased or show cause why the same should not be granted to youd.And take notice that in default of your appearing and accepting and extracting letters of administration, this court may proceed to grant letters of administration to the estate of the said Samwel Kwambai your absence notwithstanding.
2. The Citation is supported by the annexed Affidavit dated 4th June 2024 sworn by Anna Jerono Kwambai which I have read and understood.
Decision 3. This citation has been premised under the terms pursuant to section 66 of the law of succession Act.
4. In adherence to the law Anna Jerono Kwambai and Michael Kwambai due petition for grant of letters of administration to administer the estate of Samuel Kwambai.
5. In this respect the Area Chief convenes a meeting under the following terms of reference:a.Inform all eligible family members about the process of applying for a Grant of Letters of Administration.b.Discuss and agree on the appointment of an Administrator (s) for the estatec.Identify and document all assets and liabilities of the deceasedd.Determine the best course of action for distributing the estate according to the law of succession Act (Cap 160)e.Agree on the necessary documentation and procedures for the application
6. The meeting will also cover the follow key areas:a.Identification of beneficiariesb.Selection of Administrator (s)c.Asset and Liability Inventoryd.Distribution plane.Documentation and application
7. The status conference be convened on 29th July 2025
GIVEN UNDER MY HAND AND THE SEAL OF THIS COURT THIS 16TH JULY 2025……………………………R. NYAKUNDIJUDGE