https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8926

In re Estate of Mwangi (Deceased) (Succession Cause 613 of 2014) [2026] KEHC 8926 (KLR) (24 June 2026) (Ruling) Neutral citation: [2026] KEHC 8926 (KLR) Republic of Kenya In the High Court at Nakuru Succession Cause 613 of 2014 SM Mohochi, J June 24, 2026 IN THE MATTER OF THE ESTATE OF JOSEPH KINGORI MWANGI (DECEASED) Between Peter Wanjohi Kingori Applicant and Susan Njeri Kingori Respondent Ruling 1.Before me is a summons dated 19th January 2026 filed pursuant to Section 47 and 76 of the Law of Succession Act Cap 160 Laws of Kenya and Rule 73 of the Probate and Administration Rules by the 1st administrator following protracted delays in executing transmission forms in concluding the distribution and settling the probate occasioned by alleged intransigence by the Respondent second Administrator. 2.The Applicant seeks the following reliefs;i.Spentii.That, this Honourable Court do allow the Applicant Peter Wanjohi King'ori the 2nd Administrator of the Estate of the deceased herein to solely execute transmission forms, mutation forms, transfer forms and Application for Land Control Board Consent forms in respect of Land Parcel Number Nyandarua/Oljoro-orok West/1772 and Land Parcel Number Nyandarua/Oljoro-orok West/1769 and the eight (8) sub-divisions arising therefrom on his own behalf and on behalf of the Respondent Susan Njeri King'ori the Administrator of the deceased Estate to give full effect to the rectified Confirmed Grant dated 21st July. 2023.iii.That, in the alternative this Honourable Court's deputy Registrar be authorized to execute transmission forms, mutation forms, transfer forms and application for Land Control Board Consent Forms in respect of Land Parcel Number Nyandarua/Oljoro-orok West/1772 and Land Parcel Number Nyandarua/Oljoro-orok West/1769 and the eight (8) sub-divisions arising therefrom on behalf of the Respondent Susan Njeri Ringori the 1st Administrator of the Deceased's Estate to give full effect to the rectified confirmed grant gated 21st July, 2023.iv.That the Land Registrar Nyandarua do dispense with the production of copies of identity card, PIN certificate and Passport size photographs of the Respondent Susan Njeri Kingori the 1st Administrator of the deceased's Estate while giving effect and executing the rectified Certificate of confirmed Grant dated 21st July, 2023.v.That the costs hereof be borne by the Respondent. 3.The Application grounded by the annexed affidavit of Peter Wanjohi King'ori and on the following grounds: -i.That, on 27th October, 2014 this Court issued a joint Grant of Letter of Administrations jointly in the name of the Applicant Peter Wanjohi King'ori and the Respondent Susan Njeri King'ori.ii.That, a rectified Certificate of Confirmed Grant was issued on 21st July. 2023 in the joint names of the Applicant and the Respondent.iii.That, the Court gave strict time lines for the distribution of the deceased's Estate.iv.That, throughout the proceedings the Respondent the 1 Administrator of the deceased's Estate has always been uncooperative with the sole aim of continuing to hold and make use of the Land meant for other beneficiaries.v.That, the Respondent has refused to sign and execute transmission forms, mutation forms, transfer forms and Land Control Consent application forms to give effect to the rectified Certificate of Confirmed Grant dated 21 July, 2023.vi.That, the Respondent has refused to avail copies of her Identity Card, copies of her PIN Certificate and Passport size photographs to give effect to the rectified Certificate of Confirmation of Grant dated 21 July, 2023. 4.The Application is opposed by the Respondent in her two replying affidavits urging the matter be referred to mediation to uphold family unity. 5.The Respondent further alleges that she was not approached to participate in the survey and subdivision. 6.That there subsists a dispute to the extend that the survey subdivision was forceful and discriminatory and she and the family should be allowed to resolve the dispute with strict timeline on conclusion. 7.That the beneficiaries are settled and utilizing the land as they had been prior to the demise of the deceased. 8.This Court has been imploring on administrators in old backlog successions to take seriously their role in concluding the exercise upon confirmation of grant within six moths and to file a return to have the file closed. 9.It appears the Respondent “sat on the fence” to await to be cajoled to undertaker her duties. 10.The Respondent never contested the confirmation of grant but elected to dig deep and ignore the Court directions she never moved the Court of any dispute until the Applicant moved the Court a situation unbecoming of an administrator. 11.I am unpersuaded of the Respondents arguments and if the Applicant embarked on subdivision not authorized by the Court that is discriminatory then the option would have to move the Court and such an act can be reversed. 12.I have no hesitation in finding merit in the Application dated19th January 2026. 13.I thus allow the Application on the following terms;a.The Deputy Registrar shall execute all transmission forms transmission forms, mutation forms, transfer forms and Application for Land Control Board Consent forms in respect of Land Parcel Number Nyandarua/Oljoro-orok West/1772 and Land Parcel Number Nyandarua/Oljoro-orok West/1769 and the eight (8) sub-divisions arising therefrom on behalf of the Respondent Susan Njeri King'ori the Administrator, together with the Applicant- Peter Wanjohi Kingori of the deceased Estate to give full effect to the rectified Confirmed Grant dated 21st July. 2023.b.That the exercise of executing the transmission form must be undertaken and concluded within the next thirty (30) Days from the date hereof.c.Parties shall bear their own costs.d.The matter shall be mentioned after 45 days to confirm all transmission forms are prepared ready for registration and handed over to each uncooperating beneficiary to undertake individual registration and where there are cooperating beneficiaries the Applicant shall undertake registration and processing of title.e.The Mention before Court indicated at (d) above shall be for marking the probate file as closed.f.Any party aggrieved has leave of the Court to forthwith move to the Court of Appeal and no stay order is granted by the Court SIGNED, DATED AND DELIVERED IN VIRTUALLY AT BUSIA ON THIS 24TH JUNE 2026MOHOCHI S.M.JUDGE