https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9658

In re Estate of Ngari (Deceased) (Succession Cause 55 of 1998) [2026] KEHC 9658 (KLR) (3 July 2026) (Ruling) Neutral citation: [2026] KEHC 9658 (KLR) Republic of Kenya In the High Court at Nyeri Succession Cause 55 of 1998 MA Odero, J July 3, 2026 IN THE MATTER OF ESTATE OF KIBUTHU NGARI (DECEASED) Between Susan Wanjugu Wangunyu Applicant and Rahab Njoki Kibuthu Respondent Ruling 1.Before this Court for determination is the Summons dated 8th January 2020 by which the Applicant Susan Wanjugu Wangunyu seeks the following orders:-1.That Susan Wanjugu be substituted in place of Maina Ruga Deceased one of the beneficiaries herein who died on 30.7.2013.2.That the Certificate of Confirmation of Grant issued on 22.6.2001 be rectified to read Aguthi/Gititu/53 instead of Aguthi/Gatitu/53.3.That the Deputy Registrar of this Honourable Court be authorized to sign all transition documents on behalf of Rahab Njoki Kibuthu to enable the deceased estate be distributed.4.That the production of original Title Deed, Pin, Identity Card, Passport Photos of Rahab Njoki Kibuthu be dispensed with.5.That the costs of this application be provided for.” 2.The application was supported by the Affidavit of even date sworn by the Applicant. 3.The Respondent Rahab Njoki Kibuthu opposed the application through the Replying Affidavit dated 9th March 2020. Two of the beneficiaries of the estate Nicholas Matu Kibuthu and James Kariuki Kibuthu also swore a Replying Affidavit dated 9th March 2020 opposing the application. 4.The matter was canvassed by way of written submissions. The Applicants filed the written submissions dated 2nd July 2025, whilst the Respondents relied upon their written submissions dated 30th July 2025. Background 5.This succession cause relates to the estate of the late Kibuthu Ngari (hereinafter referred to as ‘the Deceased’) who died intestate on 11th August 1977. A copy of the Death Certificate Serial Number 310xx46 was filed in court on 20th April 1998. 6.Following the demise of the Deceased Grant of Letters of Administration Intestate was on 10th April 1999 made to Rahab Njoki Kibuthu (the widow of the Deceased). That Grant was confirmed on 22nd June 1998 and the Certificate of Confirmed Grant issued on 22nd June 2001. Under the terms of the confirmed grant the only asset left behind by the Deceased being the property known as LR No. Aguthi/Gititu/53 (hereinafter the ‘Suit Land’) measuring approximately 2.06 Hectares was to be divided equally between the widow Rahab Njoki and one Maina Ruga (a cousin to the Deceased) with each being allocated 1.03 hectares of the land. 7.The said Maina Ruga unfortunately passed away on 30th July 2013 before transmission of the estate to the named beneficiaries effected. A copy of his death certificate Serial No. 079xx95 was attached to the Applicants Supporting Affidavit dated 8th January 2020 (Annexture ‘SW1’). The Applicant Susan Wanjugu Wangunyu is the sister of Maina Ruga. She has filed this application seeking to be substituted for her late brother. 8.The Applicant complains that despite the Grant having been confirmed some twenty five (25) years ago the estate is yet to be fully distributed due to hostility from the Respondents who have adamantly refused to facilitate transmission of the estate. 9.Finally the Applicant prays that the description of the suit land be rectified to read Aguthi/Gititu/53. 10.In opposing the Summons the Respondents aver that the Applicant who is a distant cousin to the Deceased is a stranger to the estate of the Deceased. The Respondents state that they were not aware that the Grant had been confirmed. The widow avers that being illiterate she mistakenly signed the consent to confirmation of the Grant. They urge that the application be dismissed in its entirety. Analysis and Determination 11.I have carefully considered the application before this court, the reply filed thereto as well as the written submissions filed by the parties. 12.The record is clear that following the demise of the Deceased, the widow was issued with Grant of representation to the estate. That Grant was later confirmed and it was directed that the only asset forming the estate of the Deceased be divided equally between the widow and one ‘Maina Ruga’ who was a cousin of the Deceased. Unfortunately this Maina Ruga passed away before the estate had been distributed. 13.The Applicant is the sister to Maina Ruga who was a beneficiary of the estate. The Applicant seeks to be substituted to replace her brother and to be allocated his share of the estate. The Applicant has annexed to her supporting Affidavit a Limited Grant of letters of Administration issued to her on 6th January 2020 (Annexture ‘SW1’) granting her authority to pursue the interests of the late Maina Ruga in HC Cause No. 55 of 1998. 14.In the circumstances I am satisfied that the applicant is vested with requisite legal authority to represent her late brother in these proceedings. I therefore allow prayer (1) of the Summons. 15.The Applicant has also prayed to have the description of the suit property rectified. She states that due to a typographical error the suit property was described in the certificate of Confirmed Grant as Aguthi/Gatitu/53. That the correct description ought to be Aguthi/Gititu/53. None of the Respondents objected to this particular prayer. I therefore allow prayer (2) of the Summons. 16.Thirdly the applicant prays that the Court authorize the Hon. Deputy Registrar to sign all transmission documents in order to facilitate the distribution of the estate. She complains that despite the Grant having been confirmed some twenty five (25) years ago the suit land has not been distributed due to hostility from the Respondents. 17.The Respondents argue that the Applicant is a stranger to the estate as ‘Maina Ruga’ who was named as a beneficiary to the estate was a distant cousin to the Deceased. 18.It is not lost on this court that the widow (now deceased) herself was the administrator of the estate when it was proposed that 1.03 Hectares of the suit land be allocated to Maina Ruga. The Respondents were at the time fully aware that Maina Ruga was a cousin to the Deceased when the proposal on how the estate was to be distributed was made. Indeed in her affidavit in support of the Petition for letters of Administration Intestate, the widow herself listed Maina Ruga as a ‘Cousin’ of the Deceased. The widow herself filed the summons for confirmation of Grant indicating that half of the estate would devolve to Maina Ruga. It is laughable that the same widow now classifies the same Maina Ruga as a stranger to the estate. Did she not know that he was a stranger at the time when she proposed that half the estate devolve to him. 19.In any event it is now quarter of a century after the grant was confirmed. No objection to the confirmed grant was filed and none of the Respondents have taken any steps to have the confirmed grant revoked/rectified. 20.The 2nd and 3rd respondents also cannot now twenty-five (25) years after the confirmation feign ignorance about the succession proceedings. Their own mother was the administrator of the estate and the succession cause was gazetted vide Gazette Notice No. 6168 of 22nd October 1998 as required by law. The grant was not obtained in a secretive or clandestine manner. 21.Given the facts of this case the failure of the Administrator to sign the requisite documents to facilitate the transmission of the estate as set out in the confirmed grant can only be a deliberate more to frustrate the distribution and to deny the estate of Maina Ruga, it’s fair of the suit property. In the circumstances I find that this summons has merit. The same is allowed and court makes the following orders;-(1)The Applicant Susan Wanjugu Wangunyi be and is hereby substituted to replace Maina Ruga (Deceased) as one of the beneficiaries of this estate.(2)The Certificate of Confirmation of Grant issued on 22nd June 2001 be and is hereby rectified to read Aguthi/Gititu/53 instead of Aguthi/Gatitu/53.(3)The Hon. Deputy Registrar of the High Court is authorized to sign all transition documents on behalf of Rahab Njoki Kibuthu to allow for the distribution of the estate of the Deceased.(4)The production of the Original Title Deed, Pin, Identity Card, Passport and Photos of the Administrator Rahab Njoki Kibuthu are hereby dispensed with.(5)Each party to meet their own costs for this application. DATED IN NYERI THIS 3RD DAY OF JULY 2026……………………MAUREEN A. ODEROJUDGE