https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6957

In re Estate of Ojunge (Deceased) (Succession Cause E757 of 2024) [2026] KEHC 6957 (KLR) (Family) (12 May 2026) (Ruling) Neutral citation: [2026] KEHC 6957 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Succession Cause E757 of 2024 CJ Kendagor, J May 12, 2026 IN THE MATTER OF THE ESTATE OF ROMANUS MIGUNA OJUNGE (DECEASED) Between Damaris Anyango Applicant and Violet Aluoch Ochieng Respondent Ruling 1.Romanus Ojunge Miguna died without a Will, and Damaris Anyango, his surviving widow, filed a petition to be granted Letters of Administration intestate. The petition states that the deceased was in a polygamous marriage and outlines the beneficiaries of his estate. 2.A Grant of Letters of Administration was granted to Damaris (Administrator) on 19th November, 2024 and is validly in place. There are applications seeking revocation of the Grant that are pending hearing. 3.The matter is presently before Court for the determination of an application dated 25th August, 2025 filed by the Aadministrator against Violet Aluoch Ochieng (Respondent). Violet is the daughter-in-law of the deceased herein. 4.The application seeks orders regarding the estate, specifically addressing issues related to the land parcel L.R. 36/III/123 in Eastleigh, Nairobi. The prayers are summarized as follows in two parts:a.That injunctive orders be issued restraining the respondent from collecting rent or interfering with the estate until the application and the succession proceedings are concluded;b.That the respondent be ordered to produce an account of all rent collected from the property since April 2024, along with tenant ledgers, bank statements, and invoices. 5.The Respondent filed a replying affidavit dated 4th November, 2025 in opposition to the application. 6.The administrator in the application supporting affidavit and submissions asserts that the respondent has been collecting rent from the subject property since April 2024 and has refused to permit her to administer and manage the estate, thereby obstructing the proper administration of the estate. 7.The Respondent, in her replying affidavit and submissions, admits to collecting rent from April 2024. However, she asserts that her late husband, Henry Obiero, who was the surviving son, took over the management of the estate after her father-in-law’s death, and that she continued collecting rent afterwards. She also asserts that she acted in good faith. Analysis and determination 8.The issues for determination are threefold;i.Whether there is income in the form of rental income coming from the deceased’s estate;ii.Who should receive the rental income; andiii.What orders the courts should make concerning the deceased’s estate. 9.In this case, the property LR 36/III/123 located in Eastleigh, Nairobi is outlined in the petition as the sole property of the estate and the value is estimated at Kenya Shillings Three hundred million. 10.There is evidence of an escalating conflict over the management of the asset that has led to several other litigations before the Magistrate’s Court and the Rent Restriction Tribunal. 11.The Respondent states that her actions have been in good faith, based on the fact that her late husband was managing the estate after her late father-in-law’s death. She has provided an account for the period from 21st January, 2025, to 31st July, 2025. The accounts are not backed by supporting documents and are also not exhaustive of the period under reference. 12.The Law of Succession Act establishes a framework for the orderly administration of estates. 13.Section 3 of the Law of Succession Act defines a personal representative as an executor or administrator, as the case may be, of a deceased person. The Act further prescribes the duties, powers, and obligations of a personal representative in Sections 82 and 83. 14.Section 79 of the Law of Succession Act provides as follows;“79.Property of deceased to vest in personal representativeThe executor or administrator to whom representation has been granted shall be the personal representative of the deceased for all purposes of that grant, and, subject to any limitation imposed by the grant, all the property of the deceased shall vest in him as personal representative”. 15.Under the aforementioned provisions, an executor/administrator is therefore the person authorized by law to manage and oversee the estate of a deceased person. This role encompasses the responsibility of collecting and accounting for any income generated by the estate, ensuring proper administration and adherence to legal obligations. 16.Section 45 of the Law of Succession Act prohibits intermeddling with the property of a deceased person and states as follows;(1)Except so far as expressly authorized by this Act, or by any other written law, or by a grant of representation under this Act, no person shall, for any purpose, take possession or dispose of, or otherwise intermeddle with, any free property of a deceased person.(2)Any person who contravenes the provisions of this section shall:(a)be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to a term of imprisonment not exceeding one year or to both such fine and imprisonment; and(b)be answerable to the rightful executor or administrator, to the extent of the assets with which he has intermeddled after deducting any payments made in the due course of administration. 17.In the matter at hand, Damaris Anyango was appointed the administrator of the deceased’s estate through a Grant issued on the 19th November, 2024. This appointment confers upon her the requisite authority and responsibilities pertaining to the estate’s management, which remain in effect unless the Grant is subsequently revoked. As such, the Respondent is not authorized to manage or oversee any property of the estate. 18.The escalating conflict is not in the best interests of the estate and the beneficiaries and has the potential to cause wastage of the estate. Under Section 47 of the Law of Succession Act and Rule 73 of the Probate and Administration Rules, this Court has wide inherent powers to make such orders as may be expedient, to ensure that the ends of justice are met and to prevent abuse of the Court process. 19.The application dated 25th August, 2025 is allowed in the following terms;a.The respondent shall within 60 days file in court and serve upon the administrator a comprehensive and accurate account of all rent received and expenditure incurred in respect of the estate from April 2024 to date, supported by relevant documents;b.The respondent shall within 14 days of this order, deliver all tenancy agreements and any other document in her possession relating to the estate asset LR 36/III/123 located in Eastleigh, Nairobi;c.The respondent, her agents or representatives, are restrained from collecting any further rent or dealing with any asset of the estate;d.The administrator is hereby directed to take immediate steps to collect and secure all rent and income derived from the estate pending the hearing of the ongoing proceedings or until such further orders as may be issued by the court;e.The administrator is required to maintain a comprehensive and accurate record of all dealings related to her responsibilities over the estate;f.Costs of the application shall be in the cause. 20.The matter shall be scheduled for mention to confirm compliance and to take further directions regarding the pending proceedings. 21.Orders accordingly. DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM ON THIS 12TH DAY OF MAY, 2026.……………………..C. KENDAGORJUDGEIn the presence of:Court Assistant: BerylMs Omolo Advocate for the AdministratorNo attendance for the Respondent