In Re Estate of the Late Samuel Ngugi Nganga Alias Samwel Ngugi Nganga Alias Ngugi Nganga (Succession Cause E124 of 2024) [2025] KEHC 19272 (KLR) (12 June 2025) (Ruling) Neutral citation: [2025] KEHC 19272 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU SUCCESSION CAUSE E124 OF 2024 DO CHEPKWONY, J JUNE 12, 2025 IN THE MATTER OF THE ESTATE OF THE LATE SAMUEL NGUGI NGANGA ALIAS SAMWEL NGUGI NGANGA ALIAS NGUGI NGANGA BETWEEN LUCY WANGUI NGUGI ................................................................... 1ST APPLICANT MOSES KAMAU NGUGI ................................................................. 2ND APPLICANT GEOFFREY NGANGA ...................................................................... 3RD APPLICANT ROSEMARY WANGARI MCFARLANE ........................................ 4TH APPLICANT GRACE NJERI NGUGI ..................................................................... 5TH APPLICANT ISAAC MAINA NGUGI .................................................................... 6TH APPLICANT AND DAVID WAIGANJO NGUGI .............................................................. RESPONDENT RULING 1. On 12th June, 2025, counsel for the parties herein, M/S Maina for the Applicant and Mr. Wangai counsel for the Administrator, Lucy Wangui Ngugi appeared before this Court on the directions of the Deputy Registrar to request for court annexed mediation in respect of the issues in despite herein. 2. According to M/S Maina, counsel for the Applicant, the Applicant filed an application dated 2nd May, 2025 seeking for directions but believed all the issues raised in the said application would be dealt with through mediation. It is the Applicants’ contention that the gist of the application is damages that was caused by the demolition on the walls of the deceased’s house by the Respondent, which she claimed as renovations to the house and not malicious. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19272/eng@2025-06-12 1
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3. It is the Applicants’ belief that all the issues they have raised in the applications, which include intermeddling, the dispute would best be resolved through mediation. Counsel for the Respondent, Mr. Wangai submitted that Lucy Wangui Ngugi, the Co-administrator has filed an application dated 6th March, 2025 in which she is seeking the Applicant, David Naiganjo to be stopped from intermeddling and in particular collecting the rental income from a property known as Ngugi Villa Ltd and or selling, transferring or dealing with the properties of the Estate, operating the accounts of the Estate and to produce an accounting all the incomes he has collected from the Equity Account No.702799 which is contrary to what the family had agreed on in a Family Meeting held in September, 2024 where it was agreed that al the income from the Estate to be deposited into an account known as No.05xxxxxxx0321 at Equity Bank, Kenya Limited. It is the Respondent’s wish that the issues in the application dated 6th March, 2025 be resolved first before the matter can be referred for mediation since they have filed a Notice of Preliminary Objection dated 9th June 2025. 4. In rejoinder, M/S Maina, counsel for the Applicant stated that the Applicant is only an Estate Manager/Agent, whose responsibility is to perform the duties that the Deceased performed while he was alive, so that the issues Lucy is concerned with can be handled through mediation. 5. I have considered the sentiments and arguments by counsel for the parties herein and file the issue for determination being whether the parties should be referred to the Court Annexed Mediation for the resolution of the issues raised in the pending applications before the court. 6. Having listened to counsel for the parties herein, this Court agrees with the Applicants’ counsel that as Administrators, their duty is only to manage or act as agents in the Deceased’s estate where their duty is to perform the duties the Deceased did when he was alive. It is also noted that the issues raised by either party involve members of one family. 7. In view of the aforementioned factors, this Court finds that the relationship between the parties and issues raised in the respective application, renders this matter fit for mediation. Therefore, the following directions issue:a. The parties be and are hereby referred to the deputy Registrar for purposes of appointing a Mediator. b. Mention on 14th July, 2025 for parties to confirm compliance and take further directions. c. The other parties to be served with the said directions and mention Notice. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 12TH DAY OF JUNE , 2025. D. O. CHEPKWONY JUDGE In the presence of: M/S Maina counsel for Applicant Mr. Nangai counsel for the Administrator Court Assistant – Martin/Kinyua https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19272/eng@2025-06-12 2
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