https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8563

In re Estate of the Late Kanyi (Deceased) (Succession Cause 481 of 2018) [2026] KEHC 8563 (KLR) (Family) (18 June 2026) (Ruling) Neutral citation: [2026] KEHC 8563 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Succession Cause 481 of 2018 HK Chemitei, J June 18, 2026 IN THE MATTER OF THE ESTATE OF THE LATE FELISTA WANJIRU KANYI (DECEASED) Between Teresia Waithira Wanjiru 1st Applicant David Muciri Kanyi 2nd Applicant and Moses Muchiri Nyakio Respondent Ruling 1.The Notice of Motion application dated 5th June 2025 by the Applicant seeks the following orders:(a)That the Respondent herein Moses Muchiri Nyakio do file and serve a detailed and accurate account of the deceased estate including all income and expenditure from 7th August 2018 when he was issued with the grant of probate to date.(b)That Simon Maina Kihiko be appointed as co administrator of the estate of Felista Wanjiru Kanyi (deceased)(c)That this Court do determine what portion of the estate is to be provided to the 1st Applicant as per the summary of her monthly expenses and requirements. 2.The application is based on the sworn affidavit of the Applicant of even date. 3.The substance of the application is that vide the judgement of this Court dated 25th November 2022 the Respondent was to provide accounts of the estate from the period he was issued with the grant and thereafter the Court was to determine what portion was to go towards supporting the first Applicant. 4.It is the Applicant’s case that the same was not complied with by the Applicant including an appointment of a second Executor. 5.The Applicant equally and based on the said judgement proposes that one Simon Maina Kihiko be appointed as a co-executor herein. 6.The Applicant lays the blame of failing to comply with the Court’s directive squarely at the Respondent door steps arguing that as a result of that the Applicant is languishing in poverty despite the provisions in the Will. 7.The application has been supported by Simon Maina Kihiko vide his supporting affidavit sworn on 5th June 2025. 8.He avers that he was the right person to be appointed as a joint Executor in the estate as he has been supporting the Applicant and in any case the Applicant has written to the Respondent proposing him to be a joint Executor. 9.The application is strenuously opposed by the Respondent through his replying affidavit sworn on 15th July 2025 in which he deponed that he had complied with the decree by filing the necessary accounts as directed by the Court. 10.That it was the Applicant who had failed to comply with the Court’s directives by providing her relevant expenditure for consideration. 11.He opposed the appointment of Moses Kihiko as a co-executor herein for reasons that he had intermeddled with the estate and that the matter had been reported at the police station. 12.The Respondent instead proposed that his sister Benedetta Wanjiru who was now of age was more suitable to be a co administrator. 13.He therefore stated that he had fully complied with the orders of the Court by attaching copies of some accounts. 14.Benedetta Wanjiru has filed a supporting/replying affidavit dated 15th July 2025 in which she deponed that she was also a beneficiary in the estate and was now of age and therefore the right person in terms of consanguinity to come in as an Executor of the Will together with the Respondent her brother. 15.She deponed as well that Simon Maina Kihiko as proposed by the Applicant and who was an extended family member would introduce much interference within the family set up and escalate the disputes. 16.The Court directed the parties to file written submissions. The Court has perused the submissions dated 4th March 2026 by the Applicant and those of the Respondents dated 16th March 2026. 17.Both as expected leans towards the issues raised in their respective rival affidavits. For purposes of time, I shall not reproduce them herein 18.The fundamental issue is compliance with the decree of the Court pursuant to the judgement of 25th November 2022. The said decree among others directed the Respondent to file accurate accounts within sixty days of the entire estate since he got the grant on 7th August 2018. 19.They were also to agree within sixty days on an appointment of a co administrator. 20.The Objector was to file a summary of her monthly expenses and the Court was subsequently to provide some reasonable provisions to the Applicant. 21.Taking the totality of the history and evidence before the Court I find that the tit- for- tat argument herein is not helpful to the parties. I note that so much water has passed under the bridge from the date the judgement was delivered. 22.The immediate issue herein is to ensure that there are provisions for the Applicant. There is also the need to confirm the grant issued on 7th August 2018. For reasons best known to the parties the grant has remained unconfirmed which is not right. 23.As to the issue of the second Executor I find that since Benedetta has come of age and she is the daughter to the deceased there is no reason why an outsider for that matter or a closer relative be appointed. In this case the proposal of Simon Maina Kihiko is not tenable in the circumstances. 24.The issue of accounts is for the parties to agree so that a reasonable provision be given to the Applicant. 25.I have perused the Will and it was the desire and intention of the deceased that reasonable provisions is made for the Applicant. 26.The Court shall therefore allow the parties to appear before the Deputy Registrar of this Court to agree on what is reasonable for her and in the event of no agreement then the Court shall step in. I state so against the backdrop of the averments or deposition by the Respondent that he has been providing for her although he did not keep the records. 27.In the premises I direct as follows:(a)Benedetta Wanjiru is hereby appointed as a co-Executor of the deceased Will herein and therefore a co administrator of the estate.(b)The administrators shall within 30 days from the date herein apply for the confirmation of the grant dated 7th August 2018.(c)The parties shall appear before the Deputy Registrar of this Court within 21 days from the date herein to agree on a reasonable provision for the Applicant Teresa Waithira Wanjiru and in case of any disagreement this Court shall be at liberty to make the necessary ruling over the same.(d)Costs in the cause. DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 18TH DAY OF JUNE 2026.H. K. CHEMITEIJUDGE, FCIArb.