[2025] KEHC 9739 (KLR)
The court found that all procedural requirements under the Law of Succession Act had been satisfied: the applicant was properly appointed as administratrix, all beneficiaries were identified and notified, and all consented to the proposed mode of distribution. There was no pending protest or objection. The court was...
Source-derived case information.
- Citation
- [2025] KEHC 9739 (KLR)
- Parties
- Applicant: Serah Njeri Muchiri; Respondent: Beneficiaries (sons and daughters of the deceased)
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E100 of 2023
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- grant confirmed and orders issued as prayed
- 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
Serah Njeri Muchiri
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 Grant of Letters of Administration Intestate issued to Serah Njeri Muchiri should be confirmed.
- 2 Whether the proposed mode of distribution of the estate is fair and agreed upon by all beneficiaries.
Ratio Decidendi
The court found that all procedural requirements under the Law of Succession Act had been satisfied: the applicant was properly appointed as administratrix, all beneficiaries were identified and notified, and all consented to the proposed mode of distribution. There was no pending protest or objection. The court was satisfied that the application was properly supported, the distribution was fair and agreed upon, and that the law had been complied with. Accordingly, the court confirmed the Grant of Letters of Administration Intestate, ordered the issuance of a Certificate of Confirmation of Grant as per the supporting affidavit, and appointed the applicant as personal representative to...
Court Disposition
grant confirmed and orders issued as prayed
Orders
- The Grant of Letters of Administration issued to Serah Njeri Muchiri on 7th October, 2024 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 the Late Robert Muchiri Waiganjo (Deceased) (Succession Cause E100 of 2023) [2025] KEHC 9739 (KLR) (30 June 2025) (Ruling)
Neutral citation: [2025] KEHC 9739 (KLR)
Republic of Kenya
In the High Court at Kiambu
Succession Cause E100 of 2023
DO Chepkwony, J
June 30, 2025
IN THE MATTER OF THE ESTATE OF THE LATE ROBERT MUCHIRI WAIGANJO - (DECEASED)
Ruling
1. For determination before this court today is the Summons for Confirmation of Grant dated 7th October 2025 which seeks:-a.That the Grant of Letters of Administration Intestate made to the said Serah Njeri Muchiri in this matter on 30th January, 2024 to be confirmed.b.That the costs of this application be in the cause.
2. The application is supported by the affidavit of Serah Njeri Muchiri sworn on 7th October, 2024 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, Serah Njeri Muchiri being Widow of the Deceased, on 24th September, 2024, and it has been Seven (7) Months since.
4. The court has confirmed that the two Administratrix in the Succession Cause have identified by their joinder affidavit sworn on 7th October, 2024 in support of the application of the Estate, the beneficiaries who are not Administrators, being sons and daughters of the Deceased at Paragraph Four (4) the Estate assets, determined and set out each beneficiary’s share at Paragraph Seven (7) 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 Seven (7) 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 Serah Njeri Muchiri on 7th day of October, 2024 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 Petitioner be and is hereby appointed as personal representative of the Estate of Robert Muchiri Waiganjo (Deceased) to manage and distribute the assets and liabilities, (if any) thereof.d.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 30TH DAY OF JUNE ,2025. D. O. CHEPKWONYJUDGE