In re Estate of Waweru (Deceased) (Succession Cause 1366 of 2015) [2026] KEHC 3749 (KLR) (Family) (19 March 2026) (Directions) Neutral citation: [2026] KEHC 3749 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY SUCCESSION CAUSE 1366 OF 2015 HK CHEMITEI, J MARCH 19, 2026 IN THE MATTER OF THE ESTATE OF IRENE MUMBI WAWERU (DECEASED) BETWEEN PHILIP KIBE MBUGUA .................................................................... 1ST APPLICANT DAVID MBUGUA (DECEASED) THROUGH ROSE NYAWIRA KIBE .................................................................................................... 2ND APPLICANT AND ROSE WANJIRA KIBE .................................................................. 1ST RESPONDENT NANCY NYOKABI KIBE ............................................................ 2ND RESPONDENT DIRECTIONS 1. This matter comes before me for directions following the filing of the Report of the Assistant Deputy Registrar dated 24th October, 2025. The report was prepared pursuant to Court directions issued on 23rd June, 2025 to examine the accounts of the estate of the late Irene Mumbi Waweru, the deceased herein. 2. Upon perusal of the Assistant Deputy Registrar’s findings, it is evident that the Administrators James Waweru Kibe, Rose Wanjiru Kibe and Nancy Nyokabi Kibe have only partially complied with the consent order of 20th November, 2024 and subsequent court directions. 3. Specifically:a. The Administrators have failed to provide bank statements for the period 17th January, 2014 (the date of the deceased’s demise) to 6th February, 2017 (the date of issuance of the certificate of confirmation of grant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3749/eng@2026-03-19 1
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b. There are unresolved material discrepancies in the provided financial figures. c. A formal demand for Kshs. 33,326,406/=, being a one-sixth share of the deceased’s estate, made by Rose Nyawira Kibe remains unanswered and unpaid by the Administrators. 4. To ensure the transparent and just administration of this estate it is necessary that they comply. I note that the issues bedeviling the parties are purely mathematical and simple accounts. The records are available either with them or more specifically with the banks. I do not see any reason why they failed to provide the honorable Deputy Registrar with the same. 5. Consequently, I hereby issue the following directions:(a) The Administrators are herby ordered to file and serve comprehensive, updated accounts for all estate bank accounts covering the period from 17th January, 2014 to 6th February, 2017 twentyone (21) days from the date of issuance of these directions, failure to which they be cited for contempt. (b) The Administrators are hereby ordered to file and serve documentary proof of all receipts, withdrawals and expenditures on all the estate accounts to verify whether any dealings within twenty-one (21) from the date herein and in default they be cited for contempt. (c) The Administrators are hereby ordered to file a detailed affidavit within twenty-one (21) days specifically addressing the discrepancies raised in the affidavit of Rose Nyawira Kibe sworn on 19th March, 2025. (d) The issue of the payment of Kshs. 33,326,406/= to Rose Nyawira Kibe is hereby reserved for determination by this Court immediately upon the filing and verification of the full accounts and documentary evidence aforementioned. (e) The pending applications dated 22nd September, 2023 and 25th September, 2023 be held in abeyance until the Administrators comply with Clause 2 of the consent order recorded by this court on 20th November, 2024. DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 19TH MARCH 2026. H K CHEMITEI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3749/eng@2026-03-19 2
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