In re Estate of Samwel Ndegwa Muchiri (Deceased) (Succession Cause 111 of 2019) [2025] KEHC 19274 (KLR) (3 November 2025) (Ruling) Neutral citation: [2025] KEHC 19274 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU SUCCESSION CAUSE 111 OF 2019 DO CHEPKWONY, J NOVEMBER 3, 2025 IN THE MATTER OF THE ESTATE OF THE LATE SAMWEL NDEGWA MUCHIRI (DECEASED RULING 1. For determination before this court is the Summons for Confirmation of Grant dated 11th July, 2025 which seeks:a. That the Grant of Letters of Administration Intestate made to the said John Muchiri Ndegwa and James Mwaura Ndegwa in this matter, on 1st day of July, 2020 to be confirmed and issued to James Mwaura Ndegwa. b. That the costs of this application be in the cause. 2. The application is supported by the affidavit of James Mwaura Ndegwa sworn on 11th July, 2025 alongside the annexed Consents by the Beneficiaries to Confirmation of Grant a full inventory of all the assets and liabilities of the deceased as at the time of his death on 14th October, 2021 and the proposed mode of distribution of the deceased’s Estate, executed by all beneficiaries. 3. I have perused the record and established that this is an Intestate Succession in that the Deceased died without leaving a Will and the Petitioner(s) then petitioned for the Grant of Letters of Administration Intestate, which was issued on 10th December, 2024 to Two (2) Administrator(s) namely, John Muchiri Ndegwa and James Mwaura Ndegwa being Son(s) of the Deceased, wherein they were granted authority to manage the Estate of the Deceased, Samuel Ndegwa Muchiri. This application was then published in the Kenya Gazette on 10th January, 2020 inviting anyone who might have an objection on the same to lodge the same in court within thirty (30) days from the date of publication. 4. It is worth noting that no objection was raised against the application for Grant of Letters of Administration by anyone and at the lapse of thirty (30) days, the Petitioners were granted the Letters of Administration Intestate where they were made personal representatives of the Estate of the Deceased with power to deal with the property/assets and liabilities of the Deceased’s Estate in the manner provided for under Section 83 of the Law of Succession Act Cap 160 of the Laws of Kenya. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19274/eng@2025-11-03 1
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5. Upon the lapse of six (6) months after the issuance of Letters of Administration, the Petitioners then filed an application (Summons) for confirmation of dated 11th July, 2025 to enable them distribute the deceased’s Estate amongst the beneficiaries pursuant to Section 71(1) of the Law of Succession Act, Cap 160. The Summons for Confirmation of Grant was fixed for hearing on 2nd October, 2025 on which date the court proceeded to read out and explain the Grant and its full particulars to the Administrators and Beneficiaries in English language which they all understood in open court. The record shows that the court recognised John Muchiri Ndegwa and James Mwaura Ndegwa as the Sons and Children of the Deceased, thus Administrator and Beneficiaries respectively 6. At the hearing, the court also went ahead and examined each Administrator and Beneficiary so as to verify their respective identities, relationship with the Deceased, their views on the appointment of the personal representative/ Administrators, the identified and listed properties or assets and liabilities of the Deceased’s Estate and proposed mode/plan of distribution of the said Estate amongst the beneficiaries to confirm their sentiments on the same. Determination 7. Having examined all the Administrators and Beneficiaries of the Deceased’s Estate, the court has also read through the summons and documents in support thereof and finds the sole issue for determination being whether the Grant of Letters of Administration issued on 11th July, 2021 can be confirmed. 8. Confirmation of Grant is governed by the provisions of Section 71 of the Law of Succession Act and Rule 40 of the Probate and Administration Rules. 1. 2… After the expiration of a period of six months, or such shorter period as the court may direct under subsection (3), from the date of any grant of representation, the holder thereof shall apply to the court for confirmation of the grant in order to empower the distribution of any capital asset 2A…. 3… 4… ‘’Provided that in cases of intestacy, the grant of letters of administration Shall not be confirmed until the Court is satisfied as to the respective identities and shares of all persons beneficially entitled; and when confirmed, the grant shall specify all such persons and their respective shares.’’ Rule 40 of the Probate and Administration Rule States: 1. 9. Where the holder of a grant which has not been confirmed seeks confirmation of the grant he shall apply for such confirmation by summons in Form 108 in the cause in which the grant was issued, supported by an affidavit in Form 8 or 9 exhibiting the grant together with an estate duty compliance certificate or other satisfactory evidence that no estate duty is payable and setting out the full names of the deceased person to whose estate the grant relates, and he shall satisfy the court that no application under Part III of the Act is pending. At confirmation of Grant, Section 71(2) of the Law of Succession obligates the court, especially in cases of intestacy to be satisfied as to the proper identification of all persons beneficially entitled and their respective shares before authorising distribution. Rule 40(1)(4) and ()8) requires disclosure of all beneficiaries and their consents. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19274/eng@2025-11-03 2
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10. Confirmation of Grant is not a pro-forma exercise. It is a judicial act that lends legal authority to distribution of capital assets. As such, before Confirmation of Grant, the court must be satisfied as to the identity and consent of all persons beneficially entitled to the deceased’s estate, (ii) the proper quantum or shares to which they are entitled to in order to protect the property rights of the estates’ beneficiaries; and (iii)give effect to the constitutional guarantee of fair hearing under Article 50(1) of the Constitution. 11. In this case, the court confirms that the three appointed Administrators of the Deceased’s Estate have filed an Affidavit sworn on 11th July, 2025 in support of the Summons of Confirmation of Grant. In this affidavit, the Administrators/Applicants have confirmed that they were jointly appointed as such vide a Gazette Notice No.63 of 10th January, 2020. They have also identified the Beneficiaries who are not Administrators, being sons and daughters of the Deceased at Paragraph Five (5) of their Supporting Affidavit, identified the assets of the Deceased’s Estate and set out each beneficiaries’ share and mode of distribution of the said Estate thereof. 12. Also, the court has confirmed that all the Beneficiaries of the Deceased’s Estate (being sons and daughters of the deceased) signed and filed a Consent in which they have confirmed their agreement to the listed assets/properties alongside a proposed mode or plan of distribution of the Deceased’s Estate as set out at Paragraph six (6) of the said Supporting Affidavit. 13. For transparency and fair administration of justice, the Beneficiaries to the Estate of the Deceased were notified of the Summons for Confirmation of Grant and attended court where they were examined on oath and they confirmed that they had no objection with the listed assets of the deceased and were in agreement with the proposed mode of distribution as set out at Paragraph six (6) of the said Supporting Affidavit, in consistent with the principles of distribution in cases of Intestate Succession as set out under Section 71 of the Law of Succession Act (Cap 160). 14. All in all, this court is satisfied that the Petitioners have followed the requisite steps in compliance with the provisions of Section 71 of the Law of Succession Act by filing all the required documents. 15. And there being no pending application by any person(s) seeking to protest the Summons for Confirmation of Grant, the court proceeds to allow the same and order that:a. The Grant of Letters of Administration issued to the said James Mwaura Ndegwa on 1st July, 2020 be and is hereby confirmed. b. The Petitioners be and are hereby appointed as personal representative of the Estate of Samuel Ndegwa Muchiri (Deceased) to manage and distribute the assets and liabilities, (if any) thereof. c. A Certificate of Confirmation of Grant to issue as per the Schedule in the Affidavit in support of the Summons for Confirmation of Grant. d. Being a family matter, there shall be no order as to costs. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 3RD DAY OF NOVEMBER, 2025. D. O. CHEPKWONY JUDGE In the presence of: https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19274/eng@2025-11-03 3
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Court Assistant – Martin/Sakina No appearance for and by either party https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19274/eng@2025-11-03 4
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