Mukoma Mwangi v Geoffrey Kipyegon Moi

In re Estate of the Late Mwangi Kamau (Deceased) (Succession Cause 36 of 2003) [2025] KEHC 16267 (KLR) (7 November 2025) (Ruling) Neutral citation: [2025] KEHC 16267 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU SUCCESSION CAUSE 36 OF 2003 SM MOHOCHI, J NOVEMBER 7, 2025 IN THE MATTER OF THE ESTATE OF THE LATE MWANGI KAMAU (DECEASED) BETWEEN MUKOMA MWANGI .............................................................................. APPLICANT AND GEOFFREY KIPYEGON MOI ............................................................ RESPONDENT RULING 1. What comes to the fore are sale transactions of assets of the deceased person by any person including a personal representative where the grant is yet to be confirmed. 2. In this instance it is apparent that the purported sale was done by Peter Kamau Mwangi before the Confirmation of Grant on the 3rd July, 2015. 3. On the Respondents part he argues this Court lacks jurisdiction to consider the issue as the same is on breach of Agreement. 4. The Respondent is a stranger in the estate of the deceased and unapologetically argues that the sale was sanctioned by all beneficiaries and that he paid Kshs.200,000/=. 5. As I have held elsewhere a personal representative can only sell an asset constituting the estate of the deceased with either a confirmed grant or a Court Order. 6. It was illegal to purport to sell the parcel of land known as Olenguruone/Amalo/032. 7. I overrule the Respondent and allow the summons dated 15th September, 2024. 8. The property Olenguruone/Amalo shall be distributed to the beneficiaries of the deceased. 9. The Applicant is directed to file a mode of distribution with consents within 60 days. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16267/eng@2025-11-07 1

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