In re Estate of Athanas Lucas Mulunda Wandengu (Deceased) (Succession Cause E014 of 2023) [2025] KEHC 18460 (KLR) (15 December 2025) (Ruling)

In re Estate of Athanas Lucas Mulunda Wandengu (Deceased) (Succession Cause E014 of 2023) [2025] KEHC 18460 (KLR) (15 December 2025) (Ruling)

The widow is entitled to a life interest in the net intestate estate, but direct payment of rent to her is improper; administrators must manage the estate for her benefit. A joint account for rental income is necessary for transparency and accountability. Injunction is warranted to preserve contested land parcels. Succession proceedings will not be stayed as the court has jurisdiction to determine estate composition. Revocation of the joint grant is unwarranted; joint administration is to continue with reinforced conditions.

Citation
[2025] KEHC 18460 (KLR)
Parties
Applicant/objector/administrator: Gloria Okatwa Mulunda; Petitioner/respondent/administrator: George Victor Omwakwe Mulunda; Widow/applicant/beneficiary: Beatrice Manyasi Mulunda; Administrator: Francis Mulunda; Administrator: Maximilar Mulunda
Court
High Court
Jurisdiction
Kenya
Judgment Date
15 December 2025
Case Number
Succession Cause E014 of 2023
Procedural Posture
Succession Cause / Ruling on Multiple Applications (life Interest, Joint Account, Injunction, Stay, Revocation of Grant)
Outcome
applications allowed in part and dismissed in part; joint administration reinforced
Legal Topics
Life Interest of Widow, Joint Administration, Preservation of Estate Assets, Fraudulent Transfer of Land, Jurisdiction of Succession Court Vs ELC, Revocation of Grant
Source Language
English
Succession Law Probate and Administration Life Interest of Widow Joint Administration Preservation of Estate Assets Fraudulent Transfer of Land Jurisdiction of Succession Court Vs ELC Revocation of Grant

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Parties

Gloria Okatwa Mulunda

Applicant/objector/administrator

George Victor Omwakwe Mulunda

Petitioner/respondent/administrator

Beatrice Manyasi Mulunda

Widow/applicant/beneficiary

Francis Mulunda

Administrator

Maximilar Mulunda

Administrator

Procedural Posture

Succession Cause / Ruling on Multiple Applications (life Interest, Joint Account, Injunction, Stay, Revocation of Grant)

Legal Issues

  1. 1 Whether the widow is entitled to a life interest and direct payment of rental income
  2. 2 Whether a joint account for rental income should be ordered
  3. 3 Whether an injunction should issue to preserve contested land parcels

Ratio Decidendi

The widow is entitled to a life interest in the net intestate estate, but direct payment of rent to her is improper; administrators must manage the estate for her benefit. A joint account for rental income is necessary for transparency and accountability. Injunction is warranted to preserve contested land parcels. Succession proceedings will not be stayed as the court has jurisdiction to determine estate composition. Revocation of the joint grant is unwarranted; joint administration is to continue with reinforced conditions.

Court Disposition

applications allowed in part and dismissed in part; joint administration reinforced

Orders

  • George Victor Omwakwe Mulunda, Gloria Okatwa Mulunda, Francis Mulunda, and Maximilar Mulunda appointed joint administrators.
  • Beatrice Manyasi declared to hold life interest in the net intestate estate, determinable on death or remarriage.