High Court 4018 of 2026

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. 5. Through the Supporting Affidavit, the Administratrix has properly identified all the beneficiaries of the Deceased’s Estate and clearly set out the Deceased’s assets and respective entitlement of each beneficiary at Paragraph 4 thereof. 6. Upon the lapse of six (6) months after the issuance of Letters of Administration, the Petitioner then filed an application (Summons) for Confirmation of Grant dated 17th November , 2025 to enable her distribute the deceased’s Estate amongst the beneficiaries. 7. The Summons for Confirmation of Grant was fixed for hearing on 19th February, 2026 on which dates the Administratrix and all the beneficiaries were physically in attendance in open court. The court then proceeded to read out and explain the Grant and its full particulars to the Administratrix and Beneficiaries in English language and they all confirmed that they understood the process. The beneficiaries have presented an indication of their respective relationship with the Deceased as follows: - 8. a. Mary Njoki Mungai (ID No. 1811028)– Widow b. Mungai Kevin Njuguna (ID No.13664935) – Son c. Andrew Ngoya Mungai (ID No.22370440) – Son d. Caroline Wanjiku Mungai (ID No 20462634) Daughter e. Roselyne Njeri Mungai (ID No. 25112063) Daughter The court also went ahead and examined the Administratrix and Beneficiary so as to verify their respective identities, relationship with the Deceased, their views on the appointment of the personal representative/ Administratrix, the identified and listed properties or assets of the Deceased’s Estate and the proposed mode/plan of distribution of the said Estate amongst the beneficiaries to confirm their sentiments on the same. Of significance, all the beneficiaries confirmed and freely affirmed their Consent without raising any objection to the Confirmation of Grant on the assets and mode of distribution as set out at Paragraph 4 of the Affidavit. Determination 9. Having examined the Administratrix and all the Beneficiaries of the Deceased’s Estate, the court has also read through the pleadings and documents on record and finds the issue for determination being whether the Administratrix has met the threshold set for Confirmation of Grant of Letters of Administration Intestate. 10. The process of Confirmation of Grant is set out under Section 71 of the Law of Succession which provides as follows:[71]. Confirmation of Grants (1) 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 assets. (2) Subject to subsection (2A), the court to which application is made, or to which any dispute in respect thereof is referred, may- https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4018/eng@2026-02-25 2

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(a) if it is satisfied that the grant was rightly made to the Applicant, and that he is administering, and will administer, the estate according to law, confirm the grant; or (b) if it is not so satisfied, issue to some other person or persons, in accordance with the provisions of Sections 56 and 66 of this Act inclusive, a confirmed grant of letters of administration in respect of the estate, or so much thereof as may be unadministered; or (c) order the Applicant to deliver or transfer to the holder of a confirmed grant from any other court all assets of the estate then in his hands or under his control; or (d) postpone Confirmation of the Grant for such period or periods, pending issue of further citations or otherwise, as may seem necessary in all the circumstances of the case: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. 11. The principle purpose of confirming the grant is to pave way for the distribution of assets. The provisions of Subsection 2(1) of Section 71 states that “the court be satisfied as to whether the Administrator had properly ascertained all the persons beneficiary entitled to share in the Estate and properly identified the share due to them”. Furthermore, the Section requires that where a Grant of Letters of Administration has been made previously, the court must be satisfied that the person to who the grant was made was properly appointed and is fit and willing to administer the Estate according to the law before confirming the grant. 12. By dint of these provisions in the Law of Succession Act, the court is required to confirm a grant if satisfied that the grant was rightly made and the Administratrix will administer the Estate in accordance with the law, and to refuse/decline to confirm or issue a Confirmed Grant to some other person(s) if so warranted by the circumstances. 13. In this case, the court confirms that the Administratrix filed a Supporting Affidavit sworn on 17th November, 2025 in support of the Summons for Confirmation of Grant wherein she confirmed that she was appointed as such vide a Gazette Notice No.8212 of 20th June, 2025. At Paragraph 2 of this Affidavit, the Administratrix has identified the beneficiaries as being sons and daughters of the deceased. She has then identified the assets belonging to the deceased and set out the mode of distribution of his Estate alongside each beneficiary’s share at Paragraph four(4) of the said Affidavit. 14. 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 appointment of the Applicant as the Adminitratrix of the deceaseds Estate, the listed assets/ properties alongside a proposed mode or plan of distribution of the Deceased’s Estate amongst the beneficiaries as set out at Paragraph Four (4) of the said Supporting Affidavit. 15. For transparency and fair administration of justice, the court confirms that all the Beneficiaries to the Estate of the Deceased were notified of the Summons for Confirmation of Grant and they all attended court physically whereby they were examined on oath and confirmed that they were in agreement to https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4018/eng@2026-02-25 3

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the Confirmation of Grant, appointment of Administratrix, the identified beneficiaries, listed assets and the proposed mode of distribution of the deceased’s Estate, that there is no competing claim or allegation of misappropriation, and or pending claim for revocation or material irregularity on the face of the record which would ordinarily justify the court to withhold the Confirmation of Grant. It is also confirmed that a fair opportunity was provided for all interested parties and or any omitted beneficiaries or claimants to come forth and state their interests in the said Estate. But, there is no statement or protest filed herein to challenge the fitness of the Administratrix, identified beneficiaries, assets or mode of distribution of the deceased Estate. 16. In view of the aforementioned, the Court is satisfied that the Administratrix has demonstrated readiness and competence to complete the administration of the Deceased’s Estate. Therefore, where the entire family is in agreement on the appointment of Administratrix, identified beneficiaries, assets listed and proposed mode of distribution of the Estate of the deceased, it would defeat the purpose and spirit expressed under Section 71 (supra) which emphasizes that Probate proceedings be facilitated efficiently, and without delay, to withhold the Confirmation of Grant as prayed. 17. All in all, this court is satisfied that the Petitioner has met the legal threshold set out under the provisions of Section 71 of the Law of Succession Act by following the requisite steps and filing all the required documents in compliance thereof. 18. And there being no pending application by any person(s) seeking to protest the Summons for Confirmation of Grant, this Court proceeds to allow the same and order that:a. That the Grant of Letters of Administration Intestate made to the said Mary Njoki Mungai in this matter, on 28th July, 2025 to be confirmed. b. The Petitioner be and is hereby appointed as personal representative of the Estate of Late Patrick Mungai Njuguna - (Deceased) to manage, safeguard 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 25TH DAY OF FEBRUARY ,__ 2026. D. O. CHEPKWONY JUDGE In the presence of: M/S Makokha counsel for the Administrators https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4018/eng@2026-02-25 4

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