In re Estate of Sammy Waithaka Ngugi (Deceased) (Succession Cause E002 of 2020) [2025] KEHC 15599 (KLR) (28 October 2025) (Ruling) Neutral citation: [2025] KEHC 15599 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KERUGOYA SUCCESSION CAUSE E002 OF 2020 EM MURIITHI, J OCTOBER 28, 2025 BETWEEN GRACE WANJIKU NJOROGE .............................................................. APPLICANT AND CECILY NJOKI KAMAU .............................................................. 1ST RESPONDENT TERESIAH WANJIKU WAITHAKA .......................................... 2ND RESPONDENT JOHN GICHOBI KAGO ............................................................... 3RD RESPONDENT RULING 1. The Court has considered the application dated 30/10/2020 brought under rule 45 and 47 of the Law of Succession Act. 2. The Court has considered the submissions by the applicant’s dated 28/2/25 urging the Court the protection of the estate of the deceased and that the Respondents’ submissions dated 29/1/2025 urging that the applicant has no locus standi without grant of the letters of Administration. 3. Since the Court of Appeal decision in Trouistik Union International & another v Jane Mbeyu & another [1993] KECA 89 (KLR), it established that a person may only sue on behalf of an estate of a deceased person if she is appointed a legal representative of the Deceased by Letters of Administration. See also Otieno v. Ougo (1987) eKLR. 4. I also respectfully note the decision of Dulu, J. in Estate Geoffrey Meitamei Lonia – Deceased (2012) eKLR that “only an administrator or an interested party in an existing administration Cause, can apply for protection of the Deceased’s assets.” 5. The applicant should seek first the appointment as administrator of the Estate of the Deceased before filing an application for intermeddling herein. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/15599/eng@2025-10-28 1
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6. Any persons who are found to have intermeddled in the estate of a deceased person on a proper application shall be responsible to lawful administrator and be liable to criminal sanction in terms of section 45 of the Law of Succession Act. Orders 7. Accordingly, for the reasons set out herein, the Court finds that the applicant has no locus standi to file the application dated 30/10/2020 and it is dismissed. 8. The applicant must take out Letters of Administration in the Estate of her deceased father before making the application for protection of the estate, and for that purpose the Chief of the relevant area is directed to give to the applicant the necessary Chief’s letter of introduction to the Court, to the extent of the Chief’s knowledge and information on the Deceased herein and his circumstances. 9. The Court does not make any orders as to costs of the application. 10. File closed. Orders accordingly. DATED AND DELIVERED THIS 28TH DAY OF OCTOBER 2025. EDWARD M. MURIITHI JUDGE Appearances: Mr. Ndana for the Applicant. Ms. Naliaka for Mr. Kiama for the 1st Respondent. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/15599/eng@2025-10-28 2
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