In re Estate of Allan Ndungu Ngugi (Deceased) (Succession Cause E1562 of 2021) [2026] KEHC 514 (KLR) (Family) (23 January 2026) (Ruling) Neutral citation: [2026] KEHC 514 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY SUCCESSION CAUSE E1562 OF 2021 PM NYAUNDI, J JANUARY 23, 2026 IN THE MATTER OF THE ESTATE OF ALLAN NDUNGU NGUGI (DECEASED) RULING 1. The Application for determination is dated 1st February 2024 it is presented by 3 of the administrators of the Estate of the deceased namely, Mary Nduta Ngugi, Carolyne Wanjiku Ngugi and Brain Ngare Ngugi. They seek that they be issued with a special limited grant to enable them access monies due to the estate and use that money to pay off a debt owing to Quintech Construction Limited amounting to Kshs.8,958,418.23 2. The application is opposed by the 4th Administrator, Kimberley Wanjiru Wanjau. She disputes the debt. The application is supported by the annexed joint affidavit of the three coadministrations. There is annexed to that affidavit certificate of title in respect of Nairobi/ Block 116/ 660 on which the apartments stand. The land is registered in the names of Allan Ndungu Ngugi (Deceased) and Carolyne Wanjiku Ngugi (2nd Administrator). There is also annexed thereto an award letter dated 23rd August 2019, addressed to Quintech Construction Limited for the construction of apartments on LR No. Nairobi/ Block/116-660. Also attached are Agreement and Conditions of Contract for Building Works executed on 26th August 2019 between Allan Ngugi and Carol Ngugi on the one part as Employer and Quintech Construction Limited as the Employer in relation to construction of apartments on LR NO Nairobi/ Block 116/660. Also attached is the Final Account dated 31st April 2021 prepared by Quintech Construction Limited alongside accounts dated 9th June 2021. There is a certificate of practical completion and demand letter dated 26th January 2024 addressed to the three administrators/ applicants. 3. The respondent opposes the application and, in her affidavit, contends that the application is an attempt to seal loopholes in the applicant’s case as the debt is disputed. She is of the view that allowing the application will prejudice her case. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/514/eng@2026-01-23 1
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4. The application was canvassed via written submission, the applicant’s submissions are dated 30th September 2025. 5. Having considered the pleadings on record the issue for determination is whether or not the estate is at risk of being wasted thereby necessitating the sought orders. From the evidence on record it would appear that the estate does owe Quintech Construction Limited. As noted above the applicants have presented documentation as evidence of the liability. The respondent denies the existence of that debt but does not show she has challenged the Creditor. I am satisfied that there is a liability that ought to be settled. 6. Grant issued herein to the applicants and the respondents on 29th July 2022. Section 83(d) provides that one of the duties of a personal representative/ administrator is ‘to ascertain and pay, out of the estate of the deceased, all his debts’. A grant having issued there is no need to issue a Special Limited Grant. The Administrators have the statutory mandate to ascertain and clear liabilities. I am cognizant of the fact that it is a single grant issued to the 4 administrators and therefore the law assumes they will always act collectively, when as now that it is not the case, the Court under Section 47 of the Law of Succession Act and rule 47 of the Probate and Administration rules is mandated to make orders that meet the ends of justice 7. The final orders are therefore a. Authority is hereby granted to the Administrators to clear debt owing to Quintech Construction Limited. The same to be paid from the terminal benefits owed to the deceased from Trade Mark East Africa and his account at Odyssey Capital Account No. 100183 b. In the event that the 4th Administrator declines or fails to execute any documents to facilitate this within 7 days of presentation to her, Leave is granted to the 3 administrators to execute the documents. c. The Administrators will ensure that the debt is settled within 45 days from the date hereof. Mention on 21st April 2026 to confirm compliance. d. Date to be taken for further hearing of the summons for confirmation e. Parties at liberty to appeal. Party exercising their right to appeal to do so within 30 days f. No order as to costs It is so ordered. SIGNED DATED AND DELIVERED IN VIRTUAL COURT ON THIS 23RD DAY OF JANUARY, 2026. P. M. NYAUNDI JUDGE In the presence of: Fardosa Court Assistant. No appearance for parties. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/514/eng@2026-01-23 2
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