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ELCAllowedOriginating Summons dated 29th August 2024· [2026] KEELC 169 (KLR)

Kigo (The Administrator of the Estate of John Nduati Kariuki - Deceased) v Wanjiku (The Administrator of the Estate of John Mburu Kago (Deceased)) & another (Enviromental and Land Originating Summons E057 of 2024) [2026] KEELC 169 (KLR)

Environment and Land Court
22 January 2026
MKMOHAMMED N. KULLOW
1,004 words in judgment
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The bottom line

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Kenya's Environment and Land Court dissolved a land partnership, confirming that a deceased partner's estate can exit and claim its titled share.

What this practically means

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Executive summary

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The applicant, administrator of the estate of John Nduati Kariuki (deceased), filed an originating summons dated 29th August 2024 seeking dissolution of a partnership created between the estate of John Nduati Kariuki (deceased), the estate of John Mburu Kago (deceased), and Moses Mukuria Muchene over L.R Dagoretti/Waithaka/32. She sought dissolution, determination and sharing of the partnership shares as indicated in the certificate of title, and transfer of the deceased's 73/95 share to her as administrator for the estate. She deponed that the respondents were attempting to subdivide the property into five portions (Nairobi/block 202/1527 to 202/1531), two of which had already been transferred to strangers, and that her efforts to have the deceased's share transferred into the estate had been frustrated. The respondents were served but neither entered appearance nor filed a response, and did not attend the hearing on 29th July 2025. The applicant relied on Section 37(1) of the Partnership Act and the decision in Sultanali P. Molu & another v Kenya Railways Corporation & another [2002] KEHC 1206 (KLR). Holding the matter uncontroverted, the court found that with the certificate of title showing each partner's contribution, there was no reason to tie the estate to a partnership it no longer wished to be part of. The application was allowed as prayed, with each party bearing its own costs. Judgment delivered virtually at Nairobi on 22nd January 2026 by Mohammed N. Kullow, Judge.

Key legal issues

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Dissolution of a partnership following the death of partners

Holding

The applicant established valid grounds for dissolution; the uncontroverted application was allowed as prayed.

Reasoning

The applicant, as administrator of the estate of John Nduati Kariuki (deceased), produced a certificate of title showing the shares contributed by each partner. The respondents, though served, neither entered appearance nor filed a response, leaving the matter uncontroverted. Guided by Section 37(1) of the Partnership Act and the Sultanali P. Molu case, the court found that a partner's estate that no longer wishes to be part of a partnership should not be tied to it, and dissolution with division of shares per the certificate of title was appropriate.

p. 3

Legal principles established

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  • Upon the death of partners, the estate of a deceased partner who no longer wishes to pursue the partnership is entitled to dissolution of the partnership and to have its contribution of shares determined per the certificate of title.

Court orders

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  1. 1.The partnership created by John Nduati Kariuki (deceased), John Mburu Kago (deceased) and Moses Mukuria Muchene over L.R Dagoretti/Waithaka/32 is dissolved
  2. 2.The shares of the partnership are to be determined and shared between the 3 partners as indicated in the Certificate of Title of L.R Dagoretti/Waithaka/32, and the share of John Nduati Kariuki (deceased) transferred to the applicant as administrator to hold for and on behalf of the deceased's estate
  3. 3.Each party to bear its own costs
Jurisdiction invoked
Original jurisdiction over dissolution of partnership affecting land; Originating Summons under Section 37(1) of the Partnership Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kigo (The Administrator of the Estate of John Nduati Kariuki - Deceased) v Wanjiku (The Administrator of the Estate of John Mburu Kago (Deceased)) & another (Enviromental and Land Originating Summons E057 of 2024) [2026] KEELC 169 (KLR)", Case Analysis (2026). Originating Summons dated 29th August 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/169/eng@2026-01-22

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.