In the Matter of the Estate of Teresia Njoki Aluoch alias Telesia Njoki Aluoch (Deceased)
The bottom line
#A Kenyan court refused to reopen an estate distribution ruling and confirmed two grandchildren can now collect rent from ground floor rooms.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the orders of the court issued on 5th February 2026 ought to be reviewed and the administrator directed to give a comprehensive audit of the estate
- 2.Whether Thomas Mboya should be cited for contempt for disobeying the orders of the court issued on 5th February 2026 and the manner in which those orders should be enforced
Key legal issues
#Whether the orders of 5th February 2026 should be reviewed
Review refused; no new and important matter, no error apparent on the face of the record, and alleged misconstruction of law is a ground for appeal only
The court found Thomas Mboya was represented throughout the six months of account-rendering mentions and never filed a response to the administrator's accounts. The green card he produced did not raise new facts since the administrator had already disclosed the subdivision in her supplementary affidavit of 25th November 2025. His complaints about the law were matters for appeal, not review.
Whether Thomas Mboya should be cited for contempt and how the orders of 5th February 2026 should be enforced
Contempt prayers abandoned; enforcement granted to the extent that Fauzia and Fatuma are declared beneficial owners of the ground floor rooms and may collect rent forthwith
The orders of 5th February 2026 remain in force, not having been set aside, reviewed or appealed against. Thomas Mboya did not deny occupying a ground floor room operating a cybercafé. The court found no justifiable reason for his occupation and held that management expenses can be deducted from estate proceeds, management vesting in the administrator.
Legal principles established
#- A probate court's review powers are governed by Section 63(1) of the Probate and Administration Rules as read with Order 45 of the Civil Procedure Rules
- A wrong conclusion or misconstruction of law is a ground for appeal, not review
- A party who was represented and had opportunity to respond to accounts cannot unravel the process at the review stage
- A probate court has no jurisdiction to reinstate tenancies or order evictions; those are matters under the Land Act
Court orders
#- 1.The application dated 2nd March 2026 is dismissed
- 2.Fauzia Njoki Opiyo and Fatuma Wanjiku Opiyo are declared the beneficial owners of all the rooms on the ground floor of Plot No. 89 and are allowed to collect rent from the said rooms in equal proportions forthwith
- 3.Each party to bear their own costs of the application
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Probate and Administration Rules, Section 63(1) as read with Order 45 of the Civil Procedure Rules
Relief refused
#Review of the ruling of 5th February 2026 and direction for a comprehensive audit of the estate
Grounds for review under Order 45 not established; no new and important matter; alleged errors of law are grounds for appeal, not review
Contempt proceedings against Thomas Mboya (prayers 2 to 4)
Abandoned by the applicant in submissions
Reinstatement of previous tenant and eviction of the new tenant
Probate court lacks jurisdiction over tenancy and eviction matters, which are governed by the Land Act
Costs
Being a family matter, the parties shall bear their own costs of the application.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The application dated 2nd March 2026 is found to be lacking in merit and is hereby dismissed;
The application dated 21st May 2026 is merited to extent that Fauzia Njoki Opiyo and Fatuma Wanjiku Opiyo are hereby declared the beneficial owners of all the rooms on the ground floor of Plot No. 89 and are allowed to collect rent from the said rooms in equal proportions forthwith;
Being a family matter, the parties shall bear their own costs of the application.
A wrong conclusion of the law is a good ground for appeal and not for review.
This court, sitting as a probate court, has no jurisdiction to reinstate the tenancy of previous tenants or issue eviction orders.
It is noteworthy that the orders of the court issued on 5th February 2026 have not been set aside, reviewed or appealed against. They remain in force and binding to all parties.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "In the Matter of the Estate of Teresia Njoki Aluoch alias Telesia Njoki Aluoch (Deceased)", Case Analysis (2026). Succession Cause No. 328 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/1013/eng@2026-10-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.