In re Estate of Mukuria (Deceased) (Succession Cause 747 of 2008) [2026] KEHC 8537 (KLR) (Family) (18 June 2026) (Ruling) Neutral citation: [2026] KEHC 8537 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY SUCCESSION CAUSE 747 OF 2008 HK CHEMITEI, J JUNE 18, 2026 IN THE MATTER OF THE ESTATE OF THE LATE PETER KARIUKI MUKURIA (DECEASED) IN THE MATTER OF JOSEPH MUKURIA KARIUKI “B" ...................................................... APPLICANT RULING 1. On 14th February 2019 this Court (Ougo J) made the following orders: “ (a) The orders made on the 11th November 2009 confirming the grant is hereby set aside and the certificate canceled. (b) The matter will be listed for hearing at the earliest possible time to determine whether the deceased left a valid will.” 2. The then applicant/petitioner Joseph Mukuria Kariuki “A” passed on thereafter. 3. The applicant herein has filed an application dated 1st of October 2024 seeking to be granted letters of administration in respect to the estate herein. The main ground is that the original applicant stated above has passed on. 4. Irene Muthoni Nguku the wife of the late Joseph Mukuria Kariuki “A” opposed the application vide her affidavit sworn on 25th May 2025 on the ground among others that the application was going against the ruling of the court of 14th February 2019. 5. That the best way was to comply with the said ruling and that the ruling left the grant intact but directed that the issue of the will be determine by way of oral evidence. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8537/eng@2026-06-18 1
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6. I have read the application and the response and more importantly the court’s ruling of 14th February 2019. 7. As it stands now and in line with the said ruling the grant dated 11th November 2009 stood revoked. The late Joseph Kariuki “A” was the Applicant and he was then supposed to move the court to determine the issue of the will. 8. Since he has died there is no substantive applicant to the estate and I guess that was the reason Joseph Kariuki “B” made the application. 9. The appropriate way forward is to comply with the orders of the Court dated 14th February 2019 as there is no current administrator in the estate which is further compounded by the contested will. 10. The issue therefore of who takes over from Joseph Kariuki “A” will be determined once the results of the contested will is sorted out. 11. In the premises and so as to further the directives of 14th February 2019 and taking into consideration the passing on of Joseph Kariuki “A” I direct as hereunder: (a) That the parties do fix the matter for hearing and determination forthwith as directed on 14th February 2019. (b) The applicant Joseph Mukuria Kariuki “B” shall be the applicant and Irene Muthoni Nguku the respondent for purposes of determination. (c) This matter is transferred to Hon Lady Justice Onganyo for determination. (d) Costs in the cause. DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 18TH DAY OF JUNE, 2026. H K CHEMITEI, FCIArb JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8537/eng@2026-06-18 2
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