In re Estate of Wilfred Akhonya Mutubwa (Deceased) (Probate & Administration E151, E614 & E695 of 2025 (Consolidated)) [2025] KEHC 18587 (KLR) (Family) (18 December 2025) (Ruling)

In re Estate of Wilfred Akhonya Mutubwa (Deceased) (Probate & Administration E151, E614 & E695 of 2025 (Consolidated)) [2025] KEHC 18587 (KLR) (Family) (18 December 2025) (Ruling)

A special limited grant is issued to the petitioners, limited to Stanbic Bank Account Number 0100******048, for payment of specified school fees and limited monthly maintenance, balancing the urgent needs of the deceased’s children with the duty to preserve the estate pending confirmation of grant.

Citation
[2025] KEHC 18587 (KLR)
Parties
1st Petitioner: Virginia Wanjiku Njoki; 2nd Petitioner: Kennedy Mwinamo Ashimosi
Court
High Court
Jurisdiction
Kenya
Judgment Date
18 December 2025
Case Number
Probate & Administration E151 of 2025
Procedural Posture
Probate & Administration / Ruling on Application for Limited Grant Ad Colligenda Bona
Outcome
Special limited grant issued with conditions
Legal Topics
Letters of Administration Ad Colligenda Bona, Access to Estate Funds, Maintenance of Beneficiaries, School Fees Payments, Preservation of Estate
Source Language
English
Succession Law Letters of Administration Ad Colligenda Bona Access to Estate Funds Maintenance of Beneficiaries School Fees Payments Preservation of Estate

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Parties

Virginia Wanjiku Njoki

1st Petitioner

Kennedy Mwinamo Ashimosi

2nd Petitioner

Procedural Posture

Probate & Administration / Ruling on Application for Limited Grant Ad Colligenda Bona

Legal Issues

  1. 1 Whether to grant limited access to estate funds for school fees and maintenance pending confirmation of grant
  2. 2 Whether the petitioners have justified the sums sought

Ratio Decidendi

A special limited grant is issued to the petitioners, limited to Stanbic Bank Account Number 0100******048, for payment of specified school fees and limited monthly maintenance, balancing the urgent needs of the deceased’s children with the duty to preserve the estate pending confirmation of grant.

Court Disposition

Special limited grant issued with conditions

Orders

  • Kshs 3,826,540 and Kshs 800,000 to be paid directly to St. Austin’s Academy and Peponi House School for school fees for Noelle Mutubwa and Nadine Mutubwa.
  • 1st Petitioner to access up to Kshs 100,000 per month from Stanbic Bank Account Number 0100******048 for household and other expenses until 18 September 2026 or confirmation of grant, whichever is earlier.