In re Estate of Thiga (Deceased) (Succession Cause E368 of 2023) [2026] KEMC 190 (KLR)
The bottom line
#Before asking a Kenyan court to waive the original title deed for transmission, you must first apply to the Land Registrar in writing and show they refused.
What this practically means
#Executive summary
#Key legal issues
#Whether the court can direct the land registrar to dispense with production of the original title deed for transmission purposes
The application was dismissed because the applicant failed to demonstrate that he made a written request to the registrar or that the registrar declined to exercise the statutory discretion under the Land Registration Act
The court, relying on its earlier ruling of 24th July 2025 and Gatumu v Registrar of Lands Nairobi, held that a Land Registrar has power under Section 31 of the Land Registration Act to dispense with production of an original title without a court order. Before approaching the court, the applicant must request the registrar in writing and demonstrate refusal. No such evidence was adduced. The replacement procedure for lost titles under Section 33 was also available and unexhausted.
Whether transmission of estate property after confirmation of grant falls within the probate court's jurisdiction
No - transmission is a matter of land or property law, not succession law, and does not fall to the probate court
Following In re Estate of Daniel Khasievera Anusu (Deceased) (Musyoka J.), the court held that transmission of assets per a confirmed grant is regulated by land law, and is silent in the Law of Succession Act and Probate and Administration Rules. The administrator's assertion that the matter lies within the probate court's jurisdiction was rejected; where a public body declines to exercise statutory powers, judicial review is the remedy.
Legal principles established
#- A party seeking dispensation with production of an original title deed must first apply to the Land Registrar in writing, and only move to court if the Registrar refuses
- Transmission of property after confirmation of grant is a land/property law concept, not a succession matter for the probate court
Court orders
#- 1.The Summons dated 16th March 2026 is dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Probate and Administration jurisdiction over the estate; court considered whether transmission falls within probate court jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "In re Estate of Thiga (Deceased) (Succession Cause E368 of 2023) [2026] KEMC 190 (KLR)", Case Analysis (2026). Summons dated 16th March 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/190/eng@2026-06-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.