In re Estate of Stephen Gichuru Magambo (Deceased) (Succession Cause E1706 of 2021) [2025] KEHC 16592 (KLR) (Family) (28 October 2025) (Ruling) Neutral citation: [2025] KEHC 16592 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY SUCCESSION CAUSE E1706 OF 2021 EKO OGOLA, J OCTOBER 28, 2025 THE MATTER OF THE ESTATE OF STEPHEN GICHURU MAGAMBO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY ROY MAINGI MAGAMBO AND MERCY NKATHA MWANTHI RULING 1. This Application ought not to have been filed. 2. The applicants have filed a Chamber Summons Application dated 30th September 2024 and they pray for the following orders: 3. 1. That the file be reopened/reinstated. 2. That this Honourable Court be pleased to order the substitution of the name of Ruth Mwarania Gichuru, one of the administrators of this estate with the name of Mercy Katha Mwanthi. 3. That the costs of this application be provided for. The Application was based on Roy Maingi Magambo’s affidavit sworn on the same date. He deposed that said Ruth Mwarania Magambo died on 11" May, 2023 before the administration of the estate had commenced and that the application seeks for her name to be substituted with the name of one of their daughters Mercy Katha Mwanthi to enable the administration of the estate proceed. The Death Certificate and a Consent to that effect were annexed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16592/eng@2025-10-28 1
page 1 of 2
Determination 4. This very scenario is envisioned in Section 81 of the Law of Succession Act. I reproduce it hereunder: “ 81. Powers and duties of personal representatives to vest in survivor on death of one of them Upon the death of one or more of several executors or administrators to whom a grant of representation has been made, all the powers and duties of the executors or administrators shall become vested in the survivors or survivor of them: Provided that, where there has been a grant of letters of administration which involve any continuing trust, a sole surviving administrator who is not a trust corporation shall have no power to do any act or thing in respect of such trust until the court has made a further grant to one or more persons jointly with him.” 5. That provision is self-explanatory and I reiterate that this Application for which this Ruling is delivered should not have been filed. The surviving administrator is by operation of law empowered to proceed with the administration as is. 6. It is also trite law this Court is clothed under Rule 73 of the Probate and Administration Rules with jurisdiction to issue orders that will meet the end of justice. That Rule provides that: “ 73. Saving of inherent powers of court 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.” 7. The beneficiaries before this court have decided that for the administration to proceed, their deceased mother, Ruth Mwarania Gichuru, ought to be replaced with their sister, Mercy Katha Mwanthi, as administrator to the Estate. I am empowered by law to grant them their wishes. 8. The upshot is that the Chamber Summons dated 30th September 2024 is allowed. Certificate of Confirmation of Grant to be rectified forthwith according to prayer (2) of the Chamber Summons. It is so ordered. DATED AND DELIVERED AT NAIROBI THIS 28TH DAY OF OCTOBER, 2025. E. K. OGOLA JUDGE In the presence of: Mr. Maingi……………………………………………… for the Applicants. Gisiele………………………………………………………… Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16592/eng@2025-10-28 2
page 2 of 2