In re Estate of Antony Gakuya Waweru alias Gakuya Waweru (Deceased) (Succession Cause 1862 of 2010) [2025] KEHC 16453 (KLR) (Family) (28 October 2025) (Ruling) Neutral citation: [2025] KEHC 16453 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY SUCCESSION CAUSE 1862 OF 2010 EKO OGOLA, J OCTOBER 28, 2025 IN THE MATTER OF THE ESTATE OF ANTONY GAKUYA WAWERU ALIAS GAKUYA WAWERU (DECEASED) RULING 1. Before this court are Summons for Confirmation of Grant dated 9th April 2024. The Summons relate to the Confirmation of the Grant of Letters of Administration made in this Estate on 6th September 2007. It is brought by Wilfred Waweru Gakuya, being one of the Administrators in this Estate and he has duly sworn an Affidavit in Support of the said Summons on the same date and therein he has proffered a proposed Schedule of Distribution of the Assets in the Estate. 2. When the matter came up for Case Management Mention of 5th March 2024, the parties before the Court sought a Hearing date for the said Summons and were directed to file Witness Statements which were to be relied upon beforehand. 3. Wilfred Waweru Gakuya filed a Witness Statement dated 30th April 2024; Rose Wambui Gicho, Harrison Muhia Gakuya and Julius Ng’ang’a Gakuya filed separate but similar undated Witness Statements; and David Waweru Gakuya filed a Witness Statement dated 1st April 2025 which he urges is made on behalf of himself and Nancy Njoki, Janet Nyakiringa Njuguna and Elizabeth Wandua. 4. All the caucuses of Witness Statements proffer varying proposed Schedules of Distribution of the Assets in the Estate. Submissions 5. When the matter came up for Hearing on 16th September 2025, Mr. D. K. Mwangi for Wilfred Waweru Gakuya; Ms. Mwangi h/b for Mr. Kimani for Rose Wambui Gicho, Harrison Muhia Gakuya and Julius Ng’ang’a Gakuya; and Mr. Chege for David Waweru Gakuya, Nancy Njoki, Janet Nyakiringa https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16453/eng@2025-10-28 1
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Njuguna and Elizabeth Wandua indicated that parties had agreed to partial confirmation of the grant in the following terms: “ We have agreed to consent to the Distribution of the Estate as per the Witness Statement of David Waweru subject to removal of four (4) items which will not be distributed. Those are items No. 8(1) and 8(2), No. 23 and No. 24.” Determination 6. This is a Summons for Confirmation of Grant by an Administrator brought under Section 71 of the Law of Succession Act, and Rules 40 and 41 of the Probate and Administration Rules. 7. I have considered the affidavit evidence and I form the view that parties having consented to the mode of distribution of the assets as per the Witness Statement of David Waweru Gakuya dated 1st April 2025 save for Item No. 8, No. 23 and No. 24, there is no reason to deny the adoption of the consent for partial confirmation of grant as an order of the court. 8. Section 47 of the Law of Succession Act empowers this Court to entertain any application and determine any dispute under the Act. The Section is in the following terms: “ The High Court shall have jurisdiction to entertain any application and determine any dispute under this Act and to pronounce such decrees and make such orders therein as may be expedient.” 9. Further, Rule 73 of the Probate and Administration Rules reinforces the courts exercise of its inherent powers by providing as follows: “ Nothing in these Rules shall limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.” 10. In my view, the deceased having died on 21st June 1989, there is need for the beneficiaries to get partial confirmation of grant, in terms of the parties’ consent. Partial Certificate of Confirmation of Grant to issue in those terms. It is so ordered. DATED AND DELIVERED AT NAIROBI THIS 28TH DAY OF OCTOBER, 2025. ...................................... E. K. OGOLA JUDGE In the presence of: Mr. Mwangi DK............for the Petitioner M/s Mwangi holding brief Kimani Mr. Chege.........for 4 beneficiaries Gisiele................Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16453/eng@2025-10-28 2
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