Francis Njuguna Ndegwa v Alex Ndegwa Njuguna & 1 other

Name Description Of Properties Share Of Heirs Francis Njuguna Ndegwa L.R. No.13418/25, Kangundo Road. Absolutely L.R. No.13418/90, Kangundo Road. Mwana Mukia Plot 1247 Share No.1477. Nairobi City Council Stall No.42 Kariobangi South 3. Presently before the Court is an application dated 21st November, 2024 filed by Francis (the Applicant) against the two administrators (the Respondents). The application seeks that the Court compel the Respondents to finalize the transmission of the properties in question. The specific prayers sought by the applicant are detailed below: i. That the Respondents/Administrators of the Estate be ordered by the Court to execute the transfer applications lodged on the Ardhisasa system referenced REG/TSFR/W2FHDIB8LS and REG/RSFR/VY0HUQIPVB and all subsequent relevant transfer documents and applications and also avail copies of their passport photos, identity cards and PIN certificates to facilitate the process of transmission and issuance of title deeds to the applicant herein; ii. That in default the court does authorize its Deputy Registrar to execute all the transfer documents and any other relevant documents on behalf of the Administrator/Respondents herein and order the Land Registrar to dispense with the Administrator’s execution of the Applications referenced REG/TSFR/W2FHDIB8LS and REG/TSFR/VY0HUQIPVB lodged on the Ardhisasa system as well as production of passport size photos and identity cards and PIN certificates; iii. That this honourable court be pleased to order the Land Registrar to manually register the transmission applications for Land Reference Numbers: Nairobi/Block 207/413 (Old No. L.R. 13418/90) and Nairobi Block 207/352 (Old No. L.R. 13418/25); iv. That this honourable court be pleased to grant such further or other orders and directions as it may deem fit and just; v. Costs of this Application 4. The 2nd Administrator/Respondent filed a Replying Affidavit dated 17th December, 2024. In her response, she asserted that she had undertaken all necessary actions within her capacity as an administrator to facilitate the transfer of the assets to the Applicant. She cited her unfamiliarity with Ardhisasa, the ICT system used by the Lands Registry. Further, she denied any allegations of bad faith in her actions. 5. There is no response from the 1st Administrator. 6. I have reviewed the application and the replying affidavit. The issue for determination is whether the Applicant has provided sufficient grounds to justify the necessity of compelling the administrators to carry out the transmission. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8614/eng@2026-06-08 2

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7. Section 83 of the Law of Succession Act sets out the duties of personal representatives as follows; Personal representatives shall have the following duties – (a) to provide and pay, out of the estate of the deceased, the expenses of a reasonable funeral for him; (b) to get in all free property of the deceased, including debts owing to him and moneys payable to his personal representatives by reason of his death; (c) to pay, out of the estate of the deceased, all expenses of obtaining their grant of representation, and all other reasonable expenses of administration (including estate duty, if any); (d) to ascertain and pay, out of the estate of the deceased, all his debts; (e) within six months from the date of the grant, to produce to the court a full and accurate inventory of the assets and liabilities of the deceased and a full and accurate account of all dealings therewith up to the date of the account; (f) subject to section 55, to distribute or to retain on trust (as the case may require) all assets remaining after payment of expenses and debts as provided by the preceding paragraphs of this section and the income therefrom, according to the respective beneficial interests therein under the will or on intestacy, as the case may be; (g) within six months from the date of confirmation of the grant, or such longer period as the court may allow, to complete the administration of the estate in respect of all matters other than continuing trusts, and to produce to the court a full and accurate account of the completed administration. (h) to produce to the court, if required by the court, either of its own motion or on the application of any interested party in the estate, a full and accurate inventory of the assets and liabilities of the deceased and a full and accurate account of all dealings therewith up to the date of the account; (i) to complete the administration of the estate in respect of all matters other than continuing trusts and if required by the court, either of its own motion or on the application of any interested party in the estate, to produce to the court a full and accurate account of the completed administration. (emphasis mine) 8. From the obligations outlined above, the personal representative must therefore actively oversee the estate administration. The Law of Succession Act allows them to use available resources to fulfil their duties, so they should not be passive. If challenges or complications arise, they must promptly liaise with the beneficiaries to resolve the issues and seek Court intervention if necessary. 9. In this case, the Respondent asserts that she is unfamiliar with the Ardhisasa platform, which is a centralized digital platform by the Ministry of Lands to digitize land records and automate property transactions. The last Court action in the matter was in the year 2021 when the grant was rectified. Further, there is no indication that any active steps have been taken to follow up on the transmission to protect the beneficiary’s interests regarding the property he is benefiting from in the Certificate of Confirmation of Grant. If the administrators have not fulfilled their obligations in completing the administration of the estate, the Law of Succession allows revocation of the Grant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8614/eng@2026-06-08 3

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10. The Applicant has established that judicial intervention is necessary to compel the administrators to conclude the transmission process. Should they fail to do so, the Deputy Registrar of the Court is empowered to execute the transfer documents on their behalf. 11. Disposition; 12. i. The administrators are ordered to execute the transfer applications lodged on the Ardhisasa System regarding the properties, and all subsequent relevant transfer documents and applications, and to provide copies of their passport photos, Identity Cards and Pin Certificates within 30 days to facilitate the transmission and issuance of title deeds to the applicant; ii. In default, the Deputy Registrar shall execute all the transfer documents on behalf of the administrators; iii. In the event that the administrators fail to comply, the Land Registrar is directed to manually register the transmission; iv. Costs of the application are assessed at Kshs.25,000/= and are payable by the administrators personally, jointly and severally, due to breaches of duty that led to unnecessary litigation. The costs shall be paid within 30 days. Orders accordingly. DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM ON THIS 8TH DAY OF JUNE, 2026. …………………… C. KENDAGOR JUDGE In the presence of: Court Administrator: Beryl Ms. Atsieno, Advocate for the Applicant No appearance for the Respondent https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8614/eng@2026-06-08 4

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