In re Estate of Kimoto (Deceased) (Succession Cause 255 of 2012) [2026] KEHC 8702 (KLR) (17 June 2026) (Ruling) Neutral citation: [2026] KEHC 8702 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUSIA SUCCESSION CAUSE 255 OF 2012 SM MOHOCHI, J JUNE 17, 2026 IN THE MATTER OF THE ESTATE OF THE LATE ELIAKIM WANGA KIMOTO (DECEASED) BETWEEN PETER ODHIAMBO ANYERA ............................................................. APPLICANT AND GALICANO OMOTSO WANGA .......................................... 1ST ADMINISTRATOR AUGUSTINE ONYANGO WANGA .................................... 2ND ADMINISTRATOR ALBERT ODUORI WANGA ................................................ 3RD ADMINISTRATOR RULING 1. 2. Before me is a notice of Motion Application dated 2nd October 2026 filed pursuant to Article 159 (2) (d) Section 47, of Probate and Administration Act, Rules 67 and 73 of Probate and Administration Rules and Section 38 of the Civil Procedure Act seeking the following relief(s); i. That this Honourable Court do allow the Deputy Registrar to execute documents on behalf of the Respondents. ii. That costs be provided for. The Application is supported by the Sworn affidavit of Peter Odhiambo Anyera and is based on the following grounds: i. The Petitioner however, has declined to conclude the administration of the estate. ii. The administrator is not keen on closing the accounts as per dictates of the statute. iii. The proceedings have been lying in limbo for a period exceeding 10 years. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8702/eng@2026-06-17 1
page 1 of 2
iv. It will be in the interest of the parties and general Public good. 3. The Court had directed that service be efiected upon the Administrators 1st and 3rd Respondents and is satisfied that they were duly served as is exhibited in the return of service, sworn Affidavit of Benyamin E. Adeya sworn on 11th June 2026 confirming service upon the 1st and 3rd Administrators on the 5th June 2026. 4. The Administrators have failed to respond to the Application thus leaving it as undefended. 5. It is unacceptable for an administrator to fail and or refuse to conclude a probate and settle the estate eleven (11) years after the confirmation of grant. 6. The Application manifest merit and I have no hesitation in allowing the Application as prayed. 7. For avoidance of doubt I authorize the Deputy Registrar of the High court to forthwith execute all necessary documents including transmission forms on behalf of the Administrators as per the Certificate of Confirmed grant dated 5th June 2015. 8. I shall not grant any cost orders, the motion being undefended and this being a family matter. It is so ordered SIGNED, DATED AND DELIVERED AT BUSIA ON THIS 17TH DAY OF JUNE 2026. ............................... MOHOCHI S. M. PRESIDING JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8702/eng@2026-06-17 2
page 2 of 2