In re Estate of Speranza Nyaguthii Mwangi (Deceased) (Succession Cause E578 of 2024) [2024] KEHC 17278 (KLR) (Family) (27 November 2024) (Ruling) Neutral citation: [2024] KEHC 17278 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY SUCCESSION CAUSE E578 OF 2024 CJ KENDAGOR, J NOVEMBER 27, 2024 IN THE MATTER OF THE ESTATE OF SNM (DECEASED) BETWEEN AHM ....................................................................................................................... CITEE AND JCMM ............................................................................................... 1ST RESPONDENT JWM ................................................................................................ 2ND RESPONDENT RN ................................................................................................... 3RD RESPONDENT AWM ................................................................................................ 4TH RESPONDENT JPIM ................................................................................................. 5TH RESPONDENT RULING 1. The deceased, SNMi died on 30th April, 2022. The deceased is survived by the following persons; a. AHM – Husband b. JWM – Son c. JCMM – Son d. RNM – Daughter e. AWM – Son f. JPIM – Son. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/17278/eng@2024-11-27 1
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2. Grant of Letters of Administration Intestate was issued to C and R following a petition lodged after a citation served upon A (husband) as Citee was determined on 19th December 2024. 3. There have since been several applications filed and orders aimed at the preservation of the estate issued. 4. Presently, is a determination on an application dated 19th November 2025 that the applicant (A) is seeking that the interim orders that were issued restraining the dealings over the funds held in ICEA Lion Account No. PWM XXXX be set aside, and an order be issued directing ICEA Lion Asset Management Limited to release at least 50 % of the funds held in the account to him to enable him to settle medical expenses and loan repayments. 5. The Respondents (Administrators) did not file a response to the application. 6. The Applicant asserts that the funds in the account are solely his and do not form part of the Estate of the deceased or the current succession proceedings. 7. This same account with ICEA is the subject of a previous application, as highlighted by the Applicant in the present application. 8. The evidence that this Court has perused on record regarding this ICEA Account is a Statement of 30th June, 2025. It indicates that it is a Portfolio Appraisal and the names indicated thereon are AHM & JCMM – lien. 9. The Succession Court has a duty to protect the estate of a deceased individual and ensure that it is distributed to all rightful beneficiaries. However, its orders should not extend to property that does not belong to the estate of the deceased. In order to ascertain the correct ownership thereto, the ICEA Lion Asset Management Limited is ordered to furnish to this Court a confirmation in writing of the ownership of the Account Number PWMXXXX within 7 days of receipt of this order. The status report may be delivered to the Family Division Registry, Milimani or sent via email to milimani.family@court.go.ke 10. The Applicant shall effect service of the Order. 11. Once the status report is furnished, the file shall be placed before the Court in Chambers for further orders. Either party is at liberty to apply. 12. Meanwhile, parties are directed to submit to the mediation process as earlier directed, and the Deputy Registrar of the Court shall process the referral. 13. It is so ordered. DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM ON THIS 27TH DAY OF NOVEMBER, 2025. ………………………. C. KENDAGOR JUDGE In the presence of: Court Assistant: Beryl Mr. Morara, Advocate for the Applicant No appearance for Respondent https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/17278/eng@2024-11-27 2
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