In re Estate of Gatu (Deceased) (Succession Cause 1340 of 2015) [2026] KEHC 9323 (KLR) (Family) (1 July 2026) (Ruling) Neutral citation: [2026] KEHC 9323 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) FAMILY SUCCESSION CAUSE 1340 OF 2015 HK CHEMITEI, J JULY 1, 2026 IN THE MATTER OF THE ESTATE OF LIVINGSTONE MWANGI GATU (DECEASED) BETWEEN JOSEPHINE WAIRIMU GIOCHE .......................................................... APPLICANT AND HANNAH NJOKI GATU .................................................................... RESPONDENT RULING 1. The application dated 29th April 2026 seeking orders that: (a) The court direct ABSA Bank Queensway Branch to release and make payment from Account 204xxxx140 directly to the following institutions to meet school fees and related expenses. (i) (b) Nova Pioneer for TNM, Strathmore School for RGM and Strathmore private transport for RGM. That all future payments and the related expenses be paid by the bank directly to schools and related institutions. 2. The application is based on the grounds thereof and the sworn affidavit of the applicant dated same date. 3. The substance of the application is that the applicant’s co administrator has refused to sign for the release of the amount due to the aforestated institutions for the sake of the deceased minors. 4. This has resulted into delays and consequently rendering the minors to suffer loss. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9323/eng@2026-07-01 1
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5. The respondents/co administrator Hannah Njoki Gatu vide her sworn affidavit dated 11th May 2026 has opposed the application on the grounds that the applicant never notified her of any such request and that at no time has she failed to honour her part. 6. She blamed the applicant for causing the confusion and being uncooperative. She said that at all times she has been willing to play her role as a joint administrator. 7. The court has perused the application as well as the responses. It appears to me that the joint administrators may be having their differences on the manner and timings for the payment of liabilities to the institutions on behalf of the minors. 8. For now, I shall grant them the benefit of doubt and hopefully they should agree on the management of the joint account. They ought to note that the minor’s welfare is paramount and not to be compromised in any manner including their feuding. 9. I shall not for now grant the orders requested by the applicant since the Respondent states that she has not refused to cooperate. 10. In the premises I direct that: (a) The two joint administrators shall execute the bank documents so that the payments are promptly made to the relevant institutions as prayed within seven (7) days from the date herein and in default prayer 2 of the applicantion kicks in automatically. (b) Costs in the cause. DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 1ST DAY OF JULY, 2026. H. K. CHEMITEI JUDGE, FCIArb. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9323/eng@2026-07-01 2
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