In re Estate of Salim (Deceased) (Succession Cause 420 of 2001) [2026] KEHC 8238 (KLR) (Family) (11 June 2026) (Directions) Neutral citation: [2026] KEHC 8238 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY SUCCESSION CAUSE 420 OF 2001 HK CHEMITEI, J JUNE 11, 2026 IN THE MATTER OF THE ESTATE OF THE LATE FATUMA ALI SALIM (DECEASED) BETWEEN MAIMUNA JUMA RAMADHANI .................................................. 1ST APPLICANT ZEINAB LALUBHAI PATEL ............................................................ 2ND APPLICANT AND ABUD JUMA WAZIRI ................................................................... 1ST RESPONDENT FATIHIYA JUMA ABDALLA ....................................................... 2ND RESPONDENT HAJI ABDI MAALIM ................................................................... 3RD RESPONDENT DIRECTIONS 1. The Court has perused the application dated 19th March 2024 by the Applicants seeking raft of orders including the revocation of the grant issued to the 1st and 2nd Respondents. 2. The substance of the application has to do with the deceased property known as LR No. 209/2111. 3. I have perused the replying affidavit by the Respondent sworn on 5th December 2024 and interestingly the said parcel of land is now registered in the names of Said Abud Maalim, Halima Abud Maalim, Haji Abud and Miriam Ali Chepkoech. 4. There is a pending succession cause No. E134 of 2023 in respect to the estate of the late Miriam Ali Chepkoech. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8238/eng@2026-06-11 1
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5. The contention by the Respondent in their replying affidavit is that the transfer to the late Miriam Ali Chepkoech so as to be a joint owner of the above parcel of land was suspect and fraudulently undertaken. 6. In my view therefore, there is need first of all to determine who are the real beneficiaries of the estate herein. The Will of the deceased clearly appointed the two Executors who have passed on and much has taken place in the estate. Most of the parties and or children of the deceased have also died. 7. The Court will only arrive at a fair determination if it hears the parties orally. It seems most of them are now the deceased grandchildren. 8. Revoking the grant at this juncture is superfluous noting that it will not resolve the issues of who are the real beneficiaries and specifically whether the late Miriam Ali Chepkoech was indeed the daughter to the deceased and consequently the Applicants are the grandchildren. 9. More importantly is the determination of the succession case No. E134 of 2023 mentioned above as they are intertwined. 10. In the premises I direct that: (a) The current Administrators shall continue carrying out the management of the estate as per the rectified grant dated 23rd May 2022. (b) They shall provide accounts twice in a year to all the beneficiaries and copied to this Court indicating how they have managed the proceeds from the property namely LR NO. 209/2111 and the same to begin immediately. (c) The revocation application herein be heard by way of oral evidence and the parties granted leave to file further affidavits, if need be, within 30 days from the date herein. (d) Succession Cause Number E134 of 2023 be consolidated with this cause for purposes of determination. (e) Costs in the cause, DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 11TH DAY OF JUNE 2026. H K CHEMITEI JUDGE, FCIArb. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8238/eng@2026-06-11 2
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