In re Estate of the Late Pauline Ndindi Ngigi (Deceased) (Succession Cause E154 of 2024) [2026] KEHC 4201 (KLR) (26 March 2026) (Ruling) Neutral citation: [2026] KEHC 4201 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU SUCCESSION CAUSE E154 OF 2024 DO CHEPKWONY, J MARCH 26, 2026 IN THE MATTER OF ESTATE OF THE LATE PNN (DECEASED) RULING 1. For determination before this court is the Summons for Confirmation of Grant dated 5th December, 2025 brought by the Administrators TNK, PMN, JNN and DNN seeking the following orders:seeks:a. That the Grant of Letters of Administration Intestate made to the said TNK, PMN, JNN and DNN in this matter, on 9th July, 2025 to be confirmed. b. That the costs of this application be in the cause. 2. The application is supported by the joint affidavit sworn by TNK, PMN, JNN and DNN, the Administrators sworn on 5th December, 2025 alongside the annexed Consents by the Beneficiaries in the Estate of Late PNN, to confirm Confirmation of Grant, a full inventory of all the assets and liabilities of the deceased as at the time of his death on 10th July, 2023 and a proposed Mode of Distribution of the said Estate of the Deceased. 3. The Summons for Confirmation of Grant was fixed for hearing on 5th March, 2026, on which date the court proceeded to read out and explain the Grant and its full particulars to the Administrators and Beneficiaries in English language and they all confirmed that they understood the same in open court. The beneficiaries present and an indication of their respective relationship with the Deceased was given as follows: a. TNK (ID No. 5XXXX85) – Daughter b. JNN (ID No.7XXXX00) – Daughter c. DNN (ID No. 1XXXXX63 ) – Son d. PMN (ID No. 3XXXXX9) Son https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4201/eng@2026-03-26 1
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4. However, upon reading through the record, the court notes from the Letter of the Chief of Tigoni Location that the Deceased is said to have had five (5) children namely TNK, PMN, JNN and DNN, who are the Administrators and named Beneficiaries of the estate. The letter also mentions one JKN of ID No XXXXXX1 and it is noted that he is also included in the list of dependants in the joint Affidavit herein. However, his name does not appear in the Consent and has not signed any consent to express his agreement with the Summons for Confirmation of Grant. The court further notes that the said JKN did not appear in court on 5th March, 2026 with the other administrators /beneficiaries and there is no explanation or reasons given for his absence or the exclusion in the Consent either from himself or the Administrators herein. 5. Without any explanation or reason given, the court finds that it cannot proceed to confirm the Grant of Letters of Administration at this juncture. In the circumstances, the following orders issue:a. The Administrators shall file fresh Consent to include the said JKN as a beneficiary of the Estate herein within fourteen (14) days from the date hereof. b. In the event, the said JKN wishes to renounce his share in the Estate or participation, or object to the confirmation, he be at liberty to file an Affidavit on the same or an Affidavit of Protest within fourteen (14) days from the date herein. c. In the alternative, the said JKN to appear before the court to explain his position in the estate before further orders can issue on mention date. d. Mention on 30th April, 2026 for parties to confirm compliance and take further directions. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 26 TH DAY OF MARCH , 2026. D. O. CHEPKWONY JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4201/eng@2026-03-26 2
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