[2025] KEHC 8467 (KLR)
The court found that the applicant, as administratrix, had complied with all statutory requirements for confirmation of grant under the Law of Succession Act. All beneficiaries, being adult children of the deceased, had consented to the proposed mode of distribution, and no objections or protests were pending. The...
Source-derived case information.
- Citation
- [2025] KEHC 8467 (KLR)
- Parties
- Applicant: Jane Margaret Nduta Kamau; Respondent: Beneficiaries (sons and daughters of the deceased)
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E019 of 2024
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- grant confirmed; partial certificate of confirmation issued; liberty to apply for final grant; no order as to costs.
- Judges
- DO Chepkwony
- Legal Topics
- Intestate Succession, Confirmation of Grant, Distribution of Estate, Beneficiary Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Margaret Nduta Kamau
Applicant
Beneficiaries (sons and daughters of the deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the requirements for confirmation of grant under the Law of Succession Act have been met.
- 2 Whether all beneficiaries have consented to the proposed mode of distribution of the estate.
- 3 Whether there are any pending objections or protests to the confirmation of grant.
Ratio Decidendi
The court found that the applicant, as administratrix, had complied with all statutory requirements for confirmation of grant under the Law of Succession Act. All beneficiaries, being adult children of the deceased, had consented to the proposed mode of distribution, and no objections or protests were pending. The court was satisfied that the process was transparent and fair, and that the distribution was consistent with the principles governing intestate succession. Accordingly, the court confirmed the grant, ordered issuance of a partial certificate of confirmation as per the supporting affidavit, and granted liberty to the petitioner to seek a final grant once all assets are...
Court Disposition
grant confirmed; partial certificate of confirmation issued; liberty to apply for final grant; no order as to costs.
Orders
- The Grant of Letters of Administration issued to Jane Margaret Nduta Kamau on 11th June, 2024 is confirmed.
- A partial Certificate of Confirmation of Grant to issue as per the schedule in the affidavit supporting the summons for confirmation of grant dated 18th February, 2025.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of the Late James Kamau alias James Kamau Ng'ang'a (Deceased) (Succession Cause E019 of 2024) [2025] KEHC 8467 (KLR) (16 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8467 (KLR)
Republic of Kenya
In the High Court at Kiambu
Succession Cause E019 of 2024
DO Chepkwony, J
June 16, 2025
IN THE MATTER OF THE ESTATE OF THE LATE JAMES KAMAU ALIAS JAMES KAMAU NG’ANG’A (DECEASED)
Ruling
1. For determination before this court today is the Summons for Confirmation of Grant dated 18th February, 2025 which seeks:-a.That the Grant of Letters of Administration Intestate made to the said Jane Margaret Nduta Kamau in this matter, on 11th day of June, 2024 to be confirmed.b.That the costs of this application be in the cause.
2. The application is supported by the affidavit of Jane Margaret Nduta Kamau sworn on 18th February, 2025 alongside Consents to Confirmation of Grant and mode of distribution of Estate, a full inventory of all the assets and liabilities of the deceased as at the time of his death on even date.
3. In consideration of the said application, I have perused the record and established that the Grant of Letters of Administration Intestate, having been issued to One (1) Administratrix, Jane Margaret Nduta Kamau being Widow of the Deceased, on 11th June, 2024, and it has been over Six (6) Months since.
4. The court has confirmed that the three Administratrix in the Succession Cause have identified by the joinder affidavit sworn on 18th February, 2024 in support of the application of the Estate, the beneficiaries who are not Administrators, being daughters and sons of the Deceased at Paragraph Five(5) the Estate assets, determined and set out each beneficiary’s share at Paragraph Five (5) of the same Supporting Affidavit.
5. The court has further confirmed that the beneficiaries, being sons and daughter of the Deceased, all or both adults have contented to the proposed mode of distribution of the Estate as set out in Paragraph Five(5) of the said Supporting Affidavit. And for transparency and fairness, the said beneficiaries were notified of the Petition for confirmation and all or both have attended court, and on oath, they have confirmed that they are in agreement with the proposed mode of distribution, which is consistent with the principles of distribution in cases of Intestate Succession.
6. This Court has thus satisfied that all the required documents have been filed, requisite steps followed in terms of the Law of Succession and there is no pending application by any persons(s) seeking to protest the same.
7. Accordingly, being so satisfied, the court proceeds to order that:-a.The Grant of Letters of Administration issued to the said Jane Margaret Nduta Kamau on 11th day of June, 2024 be and is hereby confirmed.b.A partial Certificate of Confirmation of Grant to issue as per the Schedule in the Affidavit in support of the Summons for Confirmation of Grant dated 18th February, 2025. c.The Petitioner be at liberty to move the court once all the assets of the deceased are ascertained for a final Grant to issue.d.The Petitioner(s) be and is(are) hereby appointed as personal representative(s) of the Estate of James Kamau alias James Kamau Ng’ang’a (Deceased) to manage and distribute the assets and liabilities, (if any) thereof.e.Being a family matter, there shall be no order as to costs.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 16TH DAY OF JUNE, 2025. D. O. CHEPKWONYJUDGE