In re Estate of Herman Marine Nderi (Deceased) [2025] KEHC 5065 (KLR)

In re Estate of Herman Marine Nderi (Deceased) (Succession Cause E098 of 2024) [2025] KEHC 5065 (KLR) (28 March 2025) (Ruling)

Neutral citation: [2025] KEHC 5065 (KLR)

Republic of Kenya

In the High Court at Nakuru

Succession Cause E098 of 2024

SM Mohochi, J

March 28, 2025

IN THE MATTER OF THE ESTATE OF THE LATE HERMAN MARINE NDERI (DECEASED)

Between

Anthony Marine Nderi

1st Applicant

Jane Wangeshi Quail

2nd Applicant

Billy Marine Nduati

3rd Applicant

and

Kevin Wangombe Marine

Respondent

Ruling

1. This Court is reluctant to issue injunctive reliefs against individuals that are not appointed personal representative of the estate of the deceased.

2. An estate of the deceased cannot be on auto pilot and there is urgent need to appoint administrators to responsibly manage the estate of the deceased and be held to account.

3. This Court in the interest of preserving the estate of the deceased hereby appoints:i.Antony Marine Nderi,ii.Jane Wangeshi Quail,iii.Billy Marine Nduati as co- administrators.

4. The administrator shall within 60 days cause the opening of a joint bank account from where all rental proceeds shall be deposited.

5. All co-administrators domicile abroad shall take measures to ensure they cooperate and play their role as administrators.

6. The co-administrators shall within 30 days present a petition for issue of grant of letters of administration.

7. Any monies forming part of this estate appropriated by any beneficiary shall accordingly be recovered from the share of such beneficiary.

8. This Court shall assign a mention date to confirm compliance.

9. Any aggrieved party has 45 days leave to appeal.

10. This Court shall not stay the proceedings and any party desirous to stay the proceedings should argue the same before the Court of Appeal.

11. The Application dated 5th February, 2025 is without merit. Parties to bear their own respective costs. Mention on 5th June, 2025. It is so ordered.

RULING READ, SIGNED AND DELIVERED AT NAKURU THIS 28TH DAY OF MARCH, 2025MOHOCHI. S. M.JUDGE