In re Estate of Kaiyare alias Daniel Njoroge Lazaro Kaiyare (Deceased) (Succession Cause 3213 of 2013) [2026] KEHC 3523 (KLR) (Family) (5 March 2026) (Judgment) Neutral citation: [2026] KEHC 3523 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY SUCCESSION CAUSE 3213 OF 2013 SN RIECHI, J MARCH 5, 2026 IN THE MATTER OF THE ESTATE OF THE LATE DANIEL NJOROGE KAIYARE ALIAS DANIEL NJOROGE LAZAROKAIYARE JUDGMENT 1. The deceased Daniel Njoroge Kaiyare alias Daniel Njoroge Lazaro Kaiyare died on 19th April 2000. Hilda Wairimu Wataaru filed this petition. 2. On 29th January 2013 a grant was issued to Hilda Wairimu Njoroge. The issuing of this grant was challenged and on 2nd February 2017 Muigai J directed the beneficiaries to appoint the administrators. 3. On 5th September 2019 Muchelule J. (as he then was) issued grant of letters of administration to the estate to Peter Kanja Njoroge 4. This Grant was rectified on 7th October 2019 by Onyiego J and grant was issued to; 1. Anthony Wangondu Njoroge 2. Loice Njoki Maina 5. The Administrators filed Summons for Confirmation of Grant dated 25th November 2013. 6. In their Affidavit of Support the Administrators identified 10 beneficiaries of the estate as; a) Peter Kanja Njoroge b) Antony Wangongu Njoroge c) Stanley Ngugi Njoroge d) Hildah Wairimu Waataru e) Jane Murugi Kaiyare https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3523/eng@2026-03-05 1
page 1 of 3
J) Priscillar Waceke Njoroge g) Beth Njeri Githinji h) Michael Njoroge Mukuhi i) Loise Njoki Maina j) Samuel Njiiru Njoroge 7. They identified the assets of the estate as comprising only of Karai/ Karai /952 measuring 4.79 Ha. 8. They proposed the estate to be divided into 10 equal portions to be shared among the 10 beneficiaries. 9. Peter Kanja Njoroge and Stanley Ngugi filed affidavit of protest to the Summons for confirmation. Their ground of protest is that the deceased left a written will in which he had distributed the estate. They also filed their preferred mode of distribution dated 24th February 2023. 10. The issues were canvassed by way of viva voce evidence. Loice Njoki Maina testified that the deceased was her father and was married to Mary Wakonyo Njoroge who is also deceased. They had 10 children but 2 are deceased. They are: a) Peter Kanja Njoroge b) Antony Wangongu Njoroge c) Stanley Ngugi Njoroge d) Hildah Wairimu Waataru e) Jane Murugi Kaiyare J) Priscillar Waceke Njoroge g) Beth Njeri Githinji h) Michael Njoroge Mukuhi i) Loise Njoki Maina j) Samuel Njiiru Njoroge 11. The deceased had one property Karai /Karai /952. She has proposed that the same be divided equally among the Beneficiaries. Her preferred mode of distribution is supported by seven of the beneficiaries: Hilda, Jane, Priscilla , Beth, Michael Loice, Samuel. 12. Peter Kanja Njoroge the protester gave evidence. He testified that the deceased was his father. He was married to Mary Wakonyo Njoroge who is deceased. The deceased left the following beneficiaries: 1. Regina Njoroge - Deceased 2. Peter Kanja Njoroge 3. Stanley Ngugi Njoroge 4. Antony Wangongu Njoroge 5. Hildah Wairimu Waataru 6. Priscillar Waceke Njoroge https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3523/eng@2026-03-05 2
page 2 of 3
12. 7. Beth Njeri Githinji 8. Michael Njoroge Mukuhi 9. Loise Njoki Maina 10. Samuel Njiiru Njoroge He testified that his protest is premised on two grounds; 1. Inclusion of Daniel as a beneficiary in that Hilda be given 1 3/4 of an acre and the proposal to sell lands to....Advocate costs. He has filed his preferred mode of distribution which is supported by three other beneficiaries: 1. Peter 2. Michael Njoroge 3. Samuel Njoroge 13. His preferred mode or distribution is in the front of a layout plan of the property. The first ground of protest, that Mr Daniel a son of Beth Njeri Githinji was included in the list of beneficiaries together with the mother Beth is not correct. I have perused the mode of distribution by Loice and Daniel is not indicated as a beneficiary. I therefore find no merit on this ground. The 2nd ground of protest that one of the beneficiaries Hilda Wairimu has been given 1 3/4 acre or that there is intention to sell part of the property to offset Advocate's fee is not supported by evidence on record. 14. I therefore find no merit in the protest which is hereby dismissed. This Court therefore distributes the estate of the deceased Daniel Njoroge Kaiyare as hereunder: Name Description Of Properties Share Of Heirs Peter Kanja Njoroge Karai/Karai/952 (1.502 HA) Karai/Karai/952 (4.79 HA) to be divided into 10 equal portions and shared equally Antony Wangongu Njoroge Stanley Ngugi Njoroge Hildah Wairimu Waataru Jane Murugi Kaiyare Priscillar Waceke Njoroge Beth Njeri Githinji Michael Njoroge Mukuhi Loise Njoki Maina Samuel Njiiru Njoroge DATED AT NAIROBI THIS 5TH DAY OF MARCH, 2026 ……………..…………… S. N. RIECHI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3523/eng@2026-03-05 3
page 3 of 3