In re Estate of Mwinjaka (Deceased) (Succession Cause E039 of 2025) [2026] KEHC 9475 (KLR) (3 July 2026) (Ruling) Neutral citation: [2026] KEHC 9475 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU SUCCESSION CAUSE E039 OF 2025 A MABEYA, J JULY 3, 2026 IN THE MATTER OF THE ESTATE OF OMARI RAMADHANI MWINJAKA - DECEASED AND IN THE MATTER OF AN APPLICATION BY SHAABAN RAMADHANI MWINJAKA - PETITIONER RULING 1. Omari Ramadhani Mwinjaka (‘the deceased’), a Tanzanian National, died intestate on 29/1/2021 at Korowe, Tanga Tanzania. Shaban Ramadhani Mwinjaka (‘the petitioner’) applied for letters of Administration which was duly granted on 29/9/2021 by the Primary Magistrate’s Court, Manundu, Tanga, Tanzania. 2. Pursuant thereto, on 10/11/2025 the petitioner petitioned for the resealing of that grant. The same was duly Gazetted on 6/2/2026 vide Gazette Notice No. 17828. The same gave 30 days for any objections, if any, to be lodged. As at 22/6/2026 when Mr. Madara appeared before me applying for the resealing of the said grant, no objection had been lodged. 3. I have considered the record. A certified copy of the ruling dated 29/9/2021 from the Primary Magistrate’s Court of Manundu, Tanga is on record. A certified copy of the grant dated 21/12/2021 is also on record. Section 77 of the Law of Succession Act provides: “ (1) Where a court or other authority, having jurisdiction in matters of probate or administration in any Commonwealth country or in any other foreign country designated by the Attorney-General by notice in the Gazette, has, either before or after the commencement of this Act, granted probate or letters of administration, or an equivalent thereof in respect of the estate of a deceased person, such grant may, on being produced to, and a copy thereof deposited with the High Court, be sealed with the seal of that court, and thereupon shall be of like force and effect, and have the same operation in Kenya, as if granted and confirmed by that court. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9475/eng@2026-07-03 1
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(2) 4. Before sealing a grant under subsection (1), the High Court(a) shall satisfy itself as to the payment of estate duty as provided by section 72; (b) may require such evidence if any as it thinks fit concerning the domicile of the deceased person; (c) may, on the application of any creditor of the estate, require that adequate security be given for the payment of debts due from the estate to creditors residing in Kenya.” In view of the foregoing, I am satisfied that the petitioner has satisfied the provisions of the law. The orders sought in the undated Petition supported by the Affidavit dated on 6/11/2025 are hereby granted and the grant dated 21/12/2021 resealed accordingly. It is so ordered. DATED AND DELIVERED AT KISUMU THIS 3RD DAY OF JULY, 2026. A. MABEYA, FCI ARB JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9475/eng@2026-07-03 2
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