High Court 9723 of 2026

In re Estate of Mogaka (Deceased) (Succession Cause 23 of 2013) [2026] KEHC 9723 (KLR) (2 July 2026) (Ruling) Neutral citation: [2026] KEHC 9723 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISII SUCCESSION CAUSE 23 OF 2013 SIFUNA NIXON, J JULY 2, 2026 IN THE MATTER OF THE ESTATE OF THE LATE ONSONGO NDARERA MOGAKA (DECEASED) RULING 1. This is an Application for substitution of a co-Administrator. The Application which is dated 21st July 2025, was brought as a Summons for Rectification of Grant. The same is supported by a Supporting Affidavit and is based on the grounds stated in it. The principal ground being that while the grant was issued to three Administrators who are all siblings and the sons of the Late Onsongo Ndarera Mogaka, one of them has recently passed on. 2. The three Administrators were: (1) Peter Ogakumi Onsongo, (2) Thomas Osoro Onsongo, And (3) Kennedy Kaunda Onsongo. It Is Kenney Kaunda Onsongo who has since passed on, and the remaining administrators are by this Application seeking to substitute him with his widow Norah Kwamboka Onchiri. 3. She has agreed on this, and that the whole family has accepted; as stated in the Consent dated 8th June 2026, and which was filed in this Court on even date, and is signed by all beneficiaries. 4. I hold that the death of the said co-Administrator has not made this grant unoperative, and that while that is so, there is no legal bar to administrators substituting their late brother the co-Administrator. In any case the substitution does not increase the number of administrators beyond the prescribed four, and the deceased was not a sole Administrator. 5. This Application is therefore found to have merit and is hereby allowed. In terms that the third Administrator Kennedy Kaunda Onsongo now deceased is hereby substituted with Norah Kwamboka Onchiri who is his widow. 6. I further direct the Administrators, now three in number as initially, to complete administration within 60 days from today, and submit a report to this Court. DATED AND DELIVERED AT KISII ON THIS 2ND DAY OF JULY 2026. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9723/eng@2026-07-02 1

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