In re Estate of the Late Ishmael Nganga Kibuku - (Deceased) [2025] KEHC 6995 (KLR)

In re Estate of the Late Ishmael Nganga Kibuku - (Deceased) (Succession Cause 241 of 1994) [2025] KEHC 6995 (KLR) (28 May 2025) (Ruling)

Neutral citation: [2025] KEHC 6995 (KLR)

Republic of Kenya

In the High Court at Nakuru

Succession Cause 241 of 1994

HI Ong'udi, J

May 28, 2025

IN THE MATTER OF THE ESTATE OF THE LATE ISHMAEL NGANGA KIBUKU - (DECEASED)

In the matter of

George Wainaina Ng’ang’a

1st Applicant

Ishumael Kibuku Ng’ang’a

2nd Applicant

Ruling

1. This ruling is in respect of the summons seeking revocation of the grant confirmed on 13th July, 2012 following the death of Njeri Ng’ang’a “B” and James Mwando Ng’ang’a who were two (2) of the three administrators. The 3rd administrator “Njeri Ng’ang’a (A)” is elderly and mentally unfit and cannot be able to proceed to administer the estate.

2. The Applicants are seeking for a fresh grant of administration and certificate of grant to be issued to them ie George Wainaina Ng’ang’a and Ishumel Kibuku Ng’ang’a.

3. A joint affidavit was filed by the applicants with a proposed mode of distribution at paragraph 9 of the said affidavit. Also annexed to the affidavit are two death certificates in respect of James Mwando Ng’ang’a and Njeri Nganga plus a doctor’s letter date 13/12/2024 in respect of Njeri Nganga “B” ID No. 2327339 who is elderly (born in 1927). The doctor found her to be medically unfit and even unfit to carry out any administrative family issues. (GWN/KNI 2 & 3).

4. Beneficiaries: Mary Wanjiru ID No. XXXXXXX; George Wainaina ID No 2326832; Ishumael Kivuku Ng’ang’a ID No. XXXXXXX; James Mburu Ng’ang’a ID No. XXXXXXX and James Kagwe Ng’ang’a ID No. XXXXXXX appeared before this court and said they supported the summons for revocation of the grant and appointment of the Applicants as the new administrators.

5. After due consideration of the summons filed herein and upon hearing all the beneficiaries I find the summons to be merited and I allow it and order that:i.The grant of letters of administration issued to: Njeri Ng’ang’a “A”; Njeri Ng’ang’a “B” and James Mwando Ng’ang’a on 17th May, 2000 is hereby revoked. A fresh grant to be issued to George Wainaina Ng’ang’a and Ishumael Kibuku Ng’ang’a.ii.The fresh grant issued is hereby confirmed in terms of paragraph 9 of the Applicants’ joint affidavit sworn on 3rd March, 2024 and the consent by the beneficiaries dated 17th February, 2025. iii.Costs to be met by the estate.

6. Orders accordingly

DELIVERED, DATED AND SIGNED THIS 28THDAY OF MAY, 2025 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE