In re Estate of Gitau Wathika (Deceased) [2024] KEHC 5585 (KLR)

In re Estate of Gitau Wathika (Deceased) (Succession Cause 30 of 2016) [2024] KEHC 5585 (KLR) (7 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5585 (KLR)

Republic of Kenya

In the High Court at Kiambu

Succession Cause 30 of 2016

A Mshila, J

May 7, 2024

IN THE MATTER OF THE ESTATE OF GITAU WATHIKA (DECEASED

Ruling

1. The application is dated 23rd February, 2024 and is premised under the provisions of Section 79 of the Law of Succession Act.

2. The Grant of Letters of Administration was granted to Virginia Wangechi Gitau, Wathika Kamau And Margaret Wanjiku Kihoi as joint administrators to the estate of Gitau Wathika.

3. Unfortunately, Virginia Wangechi passed on the 14th August, 2022. Pursuant to her demise the Grant has become in-operational hence the instant application.

4. The application is supported by the supporting affidavit of Wathika Kamau And Margaret Wanjiku Kihoi and the grounds on the face of the application the Death Certificate and Consent letter dated 23rd February, 2024.

5. The applicable law is found at Section 76E of the Law of Succession Act which grants the court powers to remove the name of the deceased administrator by revoking the Grant and to direct the issuance of a fresh Grant.

6. From the material placed before this Court, it is satisfied that the application is merited so as to enable the continued administration of matters pertaining to the estate.

7. In the light of the above, the application is hereby allowed. The Grant dated 28th February, 2017 is hereby revoked and a fresh Grant be issued in the names of Wathika Kamau And Margaret Wanjiku Kihoi as joint administrators.Orders accordingly.

DATED, SIGNED and DELIVERED via TEAMS at KIAMBU this 7th day of MAY, 2024. A. MSHILAJUDGEIn the presence ofMourice – Court AssistantMr. Nganga – for Applicant2