High Court 4214 of 2026

as sister to the deceased and confirmed in an affidavit that the Deceased appointed her jointly with Francis Ngure Karanu as Executors of his Written Will but had obtained his consent to proceed with the Petition for the reasons that he is currently domiciled in the United States of America. To confirm this, a Consent dated 12th June, 2024 was equally filed in court. 7. The Petition was then gazetted as Cause No. 11292 of 2024 vide the Kenya Gazette Notice of 6th September, 2024, inviting any objection or protest to the Will but there was no objection made to the notice in the said gazettement. Consequently, a Grant of Probate of Written Will dated 9th October, 2024 was made to the said Petitioner. 8. This cause was fixed for hearing on 15th October, 2025, whereby the court listened to the Petitioners counsel, Mr. Njoroge Banya and examined the Petitioner Catherine Gakenye Kimani of ID No. 0552009 who identified herself as sister to the deceased who was a religious father and executors of his Will in which she had been appointed as such alongside a Nephew namely Francis Ngure Karanu, who surrendered his rights to her vide a consent. The Petitioner confirmed that she had identified all the beneficiaries to the Deceased’s Estate as per his Written Sill, listed all his assets and liabilities alongside mode of distribution of his property in accordance with the Deceased’s Will in as per the schedule set out in her affidavit in support of the summons. Analysis and Determination 9. Having listened to Petitioner’s counsel in his oral submission and examined the Petitioner, this Court has also carefully gone through the record of proceedings herein to establish whether the Petitioner has satisfied the legal threshold to warrant the Confirmation of Grant of Probate of Written Will herein. 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(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: https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4214/eng@2026-02-25 2

page 2 of 3

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. In consideration of the summons, the court has established from the Petitioners counsel’s oral submission, examination of the Petitioner and a perusal of the record that the Petitioner is the identified Executrix and she duly filed the Petition Probate of Written Will supported by affidavit alongside original Will and Death Certificate in respect of the Deceased in the required format. It is also worth noting that the Deceased appointed two Executors in his Written Will dated 24th August, 2020. However, due to the absence by one of them as confirmed by a consent dated 12th June, 2024 the Petitioner filed the Petition as a Executor. 12. The court has also established that the Petitioner filed a Petition in which she included details of the deceased, herself and all the beneficiaries alongside an affidavit attesting to the legitimacy of the Will and status of the Estate in terms of the Deceased’s assets and liabilities with proof of ownership. 13. Further, the members of the Deceased’s community were duly informed of the intended Grant by sufficient notice long given through the Probate application in the Kenya Gazette for thirty (30) days. The purpose of this is to invite any objector and allow any interested party contest the intended Grant within thirty (30) days. It also provides a fair opportunity for omitted beneficiaries and other claimants to come forth and state their interest in the Estate. 14. However, it is noted that there is no stated protest or objection filed to challenge the validity of the Will or fitness of the Executrix and or listed beneficiaries or claim to the Estate, authorising her to collect assets and settle debts to the Deceased’s Estate after the lapse of 6 months. 15. In view of the aforesaid, this Court proceeds to find that the Petitioner has met and or satisfied the threshold set out under Section 71 of the Law of Succession by following the requisite steps and filling all the required documents in compliance thereof. 16. And there being no pending application by any person(s) seeking to protest the Summons, this Court proceeds to allow the same and order that:a. A Grant of Probate of Written will made to Catherine Gakenye Kimani on 9th October, 2024 in this matter be and is hereby confirmed in terms of the will deposited in this Honourable court and paragraph 6 of the Applicant’s Affidavit. b. This being a family matter there shall be no orders 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: Mr. Baiya counsel for the Petitioner Court Assistant Sakina https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4214/eng@2026-02-25 3

page 3 of 3