In re Estate of Nchiru alias Nciri (Deceased) (Succession Cause 245 of 2015) [2026] KEHC 2881 (KLR) (5 March 2026) (Ruling) Neutral citation: [2026] KEHC 2881 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT CHUKA SUCCESSION CAUSE 245 OF 2015 RL KORIR, J MARCH 5, 2026 IN THE MATTER OF THE ESTATE OF MWIANDI NCHIRU ALIAS MWIANDI NCIRI (DECEASED) IN THE MATTER OF LINUS MUTEGI MWIYANDI ................................................................ APPLICANT RULING 1. A grant of representation of the estate of Mwiandi Nchiru (deceased) was issued by this court to his widow Agnes Igoki Mwiandi on 21st January 2016. 2. The Administratrix took no action and the court revoked the said grant on 10th July 2018. 3. On 22nd July 2025, the beneficiaries of the estate represented by one Linus Mutegi Mwiyandi filed the present summons through the firm of Chege Kibathi & Co. Advocates seeking orders that the Grant issued to Agnes Igoki Mwiandi be revoked and a fresh Grant be issued to Linus Mutegi Mwiyandi who upon appointment be granted liberty to apply for confirmation of Grant. 4. The beneficiaries presented themselves in court on 13th October 2025 and confirmed that they had nominated Linus Mutegi Mwiyandi for appointment by the court as administrator. 5. Applicant stated in his sworn affidavit that the grant issued had become useless and inoperative owing to the death of Agnes Igoki Mwiandi on 22nd November 2019. 6. Upon considering the Application, I observed that the Applicant’s argument was that the family needed to substitute their deceased mother. The record however showed that the Grant issued to Agnes Igoki Mwiandi was revoked by the court on 21st January 2016. Therefore there was no grant to revoke and the court struck out the Application. 7. The Applicant filed another Chamber Summons dated 30th October 2025 seeking that letters of administration be issued to him and upon issuance an order of confirmation of grant to follow. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2881/eng@2026-03-05 1
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8. The Applicant stated in the supporting affidavit that he was the son of the deceased and that the family had nominated him. He also provided a schedule of how they wished the property to be distributed. 9. The Application is not opposed. I have noted that the beneficiaries were agreed on the Applicant being made an administrator. 10. Consequently, I grant the first prayer in the Application. A grant of representation be and is hereby issued to the Applicant Linus Mutegi Mwiyandi. 11. Given the age of this matter, the Applicant is allowed to file summons for confirmation of Grant upon collecting the Letters of Administration. Orders accordingly, RULING DELIVERED, DATED AND SIGNED AT CHUKA THIS 5TH DAY OF MARCH, 2026. …....................... R. LAGAT-KORIR JUDGE Ruling delivered in the absence of the Applicant’s Counsel. Muriuki (Court Assistant). https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2881/eng@2026-03-05 2
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