In re Estate of Esther Mweru Githii (Deceased) (Probate & Administration E014 of 2024) [2026] KEHC 7750 (KLR) (4 June 2026) (Ruling)

In re Estate of Esther Mweru Githii (Deceased) (Probate & Administration E014 of 2024) [2026] KEHC 7750 (KLR) (4 June 2026) (Ruling) Neutral citation: [2026] KEHC 7750 (KLR) Republic of Kenya In the High Court at Murang'a Probate & Administration E014 of 2024 TW Ouya, J June 4, 2026 IN THE MATTER OF THE ESTATE OF ESTHER MWERU GITHII (DECEASED) AND IN THE MATTER OF AN APPLICATION FOR GRANT OF LETTERS OF ADMINISTRATION AD LITEM Between Sarah Wairimu Mweru Applicant and Rose Catherine Wanjiku Respondent Ruling 1.This is a ruling in respect of an application dated 6th May 2024 seeking a limited grant of letters of administration ad litem to enable the Applicant institute and/or defend proceedings on behalf of the estate of Esther Mweru Githii (Deceased) 2.The application is supported by the Applicant’s affidavit of 6TH May 2024, where she depones that the deceased passed away on 10th February 2024 and that there is a pending/intended suit requiring representation of the estate. 3.The Petitioner states that the Letters of Administration Ad Litem of the estate of Esther Mweru Githii (Deceased) who died domiciled in Kenya at Murang’a, Kamunga is limited to approving the Petitioner as personal representative for the purpose participating in court proceedings and without power of the distribution of the estate. It is stated further that:i.Esther Mweru Githii, the mother of the deceased Peter Ng’ang’a was an objector in the High Court Muranga Succession Cause No. E029 of 2021 – in the matter of the Estate of Peter Ng’ang’a (Deceased)ii.She has died in the subsistence of the above Succession Cause and if she will have no representation, it will be detrimental to her Estate.iii.I present this Petition in my capacity as the daughter to the deceased and further as a beneficiary of her Estate.iv.The grant of Letters of Administration Ad Litem is requested to issue limited for the purposes of representing the interests of the Estate of Esther Mweru Githii in High Court Muranga Succession Cause No. E029 of 2021 – in the matter of the Estate of Peter Ng’ang’a (Deceased)v.I will faithfully administer according to the law all the Estate of Deceased which by law devolves and reverts in our personal representative for use and benefit of the Estate limited as aforesaid but no further or otherwise.vi.I further commit to render a just and true account thereof whenever required by law to do so and to deliver up the said grant accordingly.vii.I have no powers to distribute the estate under this grantviii.That owing to the special circumstances of the case and the urgency of the matter as it appears from the Affidavit filed herewith, it is necessary that this Honourable court allows this petition so that it would not be impossible for the court to make a full grant to persons who are by law entitled, thereto in sufficient time to meet the necessities of the Deceased Estate. 4.The petition is supported by an Affidavit sworn by the Petitioner on even date attaching a copy of the deceased’s certificate of death, Copy of Court pleadings in High court Succession Cause number E029 of 2021 and other relevant information. 5.The Application is opposed by the Respondent/ Protestor vide affidavit of sworn on 22nd July 2024 urging that the petition is vexatious and incompetent being that upon the death of the deceased Esther Mweru Githii her estate has no claimant to the estate of Petr Ngang’a as her dependency was terminated upon her death. It was deponed further that Susan Wairimu Mweru and her siblings have no cause of action regarding Peter Ngang’a’s estate as he was their brother and all of the siblings are adults and none is a dependent of the deceased neither did he hold property in trust for any of them. The respondent therefore holds that the petitioner has no locus standi to litigate in Murang’a HCSUCC E029 of 2024. 6.The matter was canvassed by way of written submissions. 7.Counsel for the Protestor submitted that this court has jurisdiction under section 54 of the Law of Succession Act and discretion under rule 12 of the Probate and Administration Rules to limit grant of representation. That this court is clothed with inherent power to make orders to meet the ends of justice. It is maintained that the petitioner has demonstrable interest in the estate of the deceased being the daughter of the deceased and sister to Peter Nganga and that the degree of closeness is uncontroverted. Reliance was placed upon Re Estate of Helena Wangechi Njoroge Deceased (2015) eKLR where court held:“The law on limited grants is clear: such grants are issued for a defined and restricted purpose, and the holder thereof cannot purport to exercise full powers of administration or undertake acts outside the scope expressly sanctioned by the grant.” 8.The court was urged further to make a determination on whether the estate of the Deceased is deserving of representation. Counsel relied on the Affidavit filed by Deceased in Murang’a High Court Succession Cause No. E029 of 2021 (Estate of Peter Ng’anga where the deceased averred inter alia that:i.The late Peter Ng’ang’a had communicated his desire to buy and construct for her a house away from Korogocho slums; andii.That the late Peter Ng’ang’a bought properties in Murang’a County near where the Deceased was born and raised because it was his desire that the family would have a family home where the Deceased would be buried. 9.It is the Petitioner’s case that she intends to support the case for distribution of a proportion of the estate of the late Peter Ng’anga to the deceased’s estate as had been his wish. 10.The Protestor in his submissions reiterated that Esther Mweru Githii (Deceased) who was claiming as a dependent upon her death did not leave any residual claim against the estate of the late Peter Ngang’a based on the principle that dependency and/or claim thereto terminates upon death of the claimant. Reliance was placed upon section 28 of the law of Succession Act that provides only for existing and future need of the dependent. 11.Having carefully considered the petition before the court together with the parties’ pleadings and submissions I have isolated for determination one issue: Whether the Applicant has met the threshold for grant of letters of administration ad litem. 12.Under section 54 of the Law of Succession Act, the Court has discretion to issue limited grants for specific purposes. 13.In Trouistik Union International v Jane Mbeyu [1993] eKLR, the Court held that an administrator is the only person vested with the legal capacity to represent the estate of a deceased person. Similarly, in Virginia Edith Wambui Otieno v Joash Ochieng Ougo [1987] eKLR, the Court held that an administrator is not entitled to bring an action as administrator before he has taken out letters of administration. 14.A grant ad litem is limited in scope and does not confer powers of distribution or full administration. Its purpose is purely to enable representation in legal proceedings. The Respondent's contention that the claim does not survive the deceased raises substantive issues that can only be determined in the main suit and not at this interlocutory stage. 15.Based on the above reasoning I have arrived at the finding that the Applicant has demonstrated sufficient interest in the estate and the necessity of representation in pending proceedings. The objection raised goes to the merits of the intended claim and not to the threshold for issuance of a limited grant. 16.Resultantly I find in favor of the Applicant and proceed to allow the Application. 17.Final Ordersi.A limited grant of letters of administration ad litem is hereby issued to the Applicant.ii.The grant is limited to representation in court proceedings only.iii.The grant shall not confer powers of distribution.iv.Costs to abide the in the cause. DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 4TH DAY OF JUNE, 2026.HON. T. W. OUYA, OGWJUDGEIn the presence of:Ms. Msando holding brief for Mr. Kanyonge for ApplicantNdonga holding brief for Mbuthia for RespondentNyabuto – Court Assistant