REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
HIGH COURT SUCCESSION CAUSE NO. E008 OF 2026
IN THE MATTER OF THE ESTATE OF AGGREY EDEPI KEFA alias AGGREY EDEPI KEFA OMUSUGU (DECEASED)
SOYE NEKESA EDEPI …………………………………… APPLICANT
VERSUS
1. THE CHIEF,
KAKAPEL LOCATION, TESO NORTH………1 ST RESPONDENT .
2. HON. ATTORNEY GENERAL…. ……………… 2 ND RESPONDENT
RULING
1. Introduction
1. The Applicant, Soye Nekesa Edepi, moved this Court by way of a Chamber Summons dated 2nd September, 2026. The application is brought under a Certificate of Urgency.
2. The Applicant seeks orders certifying the matter as urgent, dispensing with standard service requirements, and granting her a Limited Grant Ad Colligenda Bona over the estate of the Deceased, Aggrey Edepi Kefa alias Aggrey Edepi Kefa Omusugu.
3. The material facts supporting the motion are set out in the affidavits sworn by the Applicant and her advocate, Mr. Seth Ojienda. The Deceased died intestate on 18th November, 2002. Full representation has not yet been raised over his estate. The Applicant is the biological widow of the Deceased.
4. The urgency behind this application stems from an active threat to the Deceased's land portions. The Applicant deposes that the County Government of Busia and the area Member of County Assembly (MCA) have unlawfully trespassed onto the estate's property, destroying trees and damaging the land.
5. To stop this ongoing destruction, the Applicant urgently requires legal standing to file a civil suit against the trespassers. Because a full grant of letters of administration takes time to publish and confirm, she seeks an immediate limited grant to preserve the estate's property lines.
2. Procedural Frame: Ex-Parte Consideration During Vacation
4. This application was placed before the Court during the High Court vacation under a Certificate of Urgency. Due to the ongoing damage to the property, this Court certified the matter as urgent and heard the Chamber Summons on an ex-parte basis, dispensing with service upon the named institutional Respondents.
5. The Court is satisfied that no prejudice is caused by hearing this matter ex-parte . The named Respondents are administrative state offices, and this order does not determine the final distribution of the estate's assets. Its immediate purpose is to give the widow legal standing to defend the estate land against third-party damage.
6. Furthermore, the Applicant has attached a formal Chief's introductory letter dated in accordance with past court directions. Most importantly, all the surviving children and direct beneficiaries of the Deceased have signed a Form 38 document giving their full consent for the Applicant to take up this administrative role.
3. Issues for Determination
6. The primary issues requiring determination are:
i. Whether the immediate threat of trespass and destruction of estate property justifies the issuance of a Limited Grant Ad Colligenda Bona during court vacation.
ii. What strict boundaries and limitations must be attached to such a grant to safeguard the overall interests of all beneficiaries.
D. Analysis and Determination
I. Vested Rights to Protect and Preserve Estate Assets
7. The law on the protection of a deceased person's property before a full grant of letters of administration is well-defined. Section 47 of the Law of Succession Act (Cap 160) vests the High Court with wide jurisdiction and complete discretion to make any necessary interim orders to protect and preserve an estate from dissipation, damage, or waste.
8. The Applicant’s moving papers show that third parties are actively clearing trees and encroaching on the land portions left by the Deceased. In our legal system, an administrator cannot maintain a formal civil suit in a court of law on behalf of an estate without presenting a valid grant of representation.
9. If this Court folds its arms and forces the widow to wait for the standard, lengthy succession notice window to lapse, the property stands to be permanently damaged.
10. As established in In re Estate of John Musomba eKLR , where an estate faces an immediate threat from trespassers or active economic loss, the High Court will intervene by issuing a limited grant. This gives the surviving spouse the necessary legal capacity to protect the land. The urgency has been fully demonstrated, and this application falls within the category of urgent vacation business.
II. Strict Limitations of the Grant Ad Colligenda Bona
10. While this Court is satisfied that the Applicant requires immediate legal capacity, a limited grant is a protective measure and not a final distribution tool. It does not empower the holder to distribute, sell, lease, or alter the deceased's assets.
11. In line with the rules under the Law of Succession Act, a grant issued under these emergency circumstances must be strictly limited to the specific purpose requested. The Applicant stated that the limited grant is required solely to file and prosecute a civil suit against the County Government of Busia and the area MCA.
12. Therefore, the grant to be issued will be strictly confined to that purpose and no other. The Applicant is prohibited from entering into any property sales or permanent land allocations until she applies for and obtains a full, regular grant of letters of administration.
E. Conclusion and Final Orders
12. In the upshot, this Court finds that the Applicant's Chamber Summons is highly meritorious and is allowed on an ex-parte basis to prevent permanent damage to the estate.
13. The following orders are hereby issued:
i. The Chamber Summons dated 2 nd September, 2026, is certified as urgent, service is dispensed with, and the application is allowed ex-parte .
ii. A Limited Grant of Letters of Administration Ad Colligenda Bona is hereby issued to the Applicant, Soye Nekesa Edepi , over the estate of the Deceased, Aggrey Edepi Kefa alias Aggrey Edepi Kefa Omusugu.
iii. The Limited Grant issued under this order shall be strictly for the purpose of instituting, filing, and prosecuting a civil suit against the County Government of Busia and the area MCA for trespass and destruction of property, and for no other purpose whatsoever.
iv. The Applicant is expressly prohibited from selling, leasing, transferring, shifting borders, or distributing any portions of the Deceased’s land under this limited grant.
v. The costs of this application shall be costs in the cause.
Orders accordingly.
DATED and DELIVERED at BUSIA
On this 8 th day of September 2026
___________________________
S. MOHOCHI
JUDGE
ruling in hc P&A NO E008 OF 20262
IN THE HIGH COURT OF KENYA AT BUSIA
HIGH COURT SUCCESSION CAUSE NO. E008 OF 2026
IN THE MATTER OF THE ESTATE OF AGGREY EDEPI KEFA alias AGGREY EDEPI KEFA OMUSUGU (DECEASED)
SOYE NEKESA EDEPI …………………………………… APPLICANT
VERSUS
1. THE CHIEF,
KAKAPEL LOCATION, TESO NORTH………1 ST RESPONDENT .
2. HON. ATTORNEY GENERAL…. ……………… 2 ND RESPONDENT
RULING
1. Introduction
1. The Applicant, Soye Nekesa Edepi, moved this Court by way of a Chamber Summons dated 2nd September, 2026. The application is brought under a Certificate of Urgency.
2. The Applicant seeks orders certifying the matter as urgent, dispensing with standard service requirements, and granting her a Limited Grant Ad Colligenda Bona over the estate of the Deceased, Aggrey Edepi Kefa alias Aggrey Edepi Kefa Omusugu.
3. The material facts supporting the motion are set out in the affidavits sworn by the Applicant and her advocate, Mr. Seth Ojienda. The Deceased died intestate on 18th November, 2002. Full representation has not yet been raised over his estate. The Applicant is the biological widow of the Deceased.
4. The urgency behind this application stems from an active threat to the Deceased's land portions. The Applicant deposes that the County Government of Busia and the area Member of County Assembly (MCA) have unlawfully trespassed onto the estate's property, destroying trees and damaging the land.
5. To stop this ongoing destruction, the Applicant urgently requires legal standing to file a civil suit against the trespassers. Because a full grant of letters of administration takes time to publish and confirm, she seeks an immediate limited grant to preserve the estate's property lines.
2. Procedural Frame: Ex-Parte Consideration During Vacation
4. This application was placed before the Court during the High Court vacation under a Certificate of Urgency. Due to the ongoing damage to the property, this Court certified the matter as urgent and heard the Chamber Summons on an ex-parte basis, dispensing with service upon the named institutional Respondents.
5. The Court is satisfied that no prejudice is caused by hearing this matter ex-parte . The named Respondents are administrative state offices, and this order does not determine the final distribution of the estate's assets. Its immediate purpose is to give the widow legal standing to defend the estate land against third-party damage.
6. Furthermore, the Applicant has attached a formal Chief's introductory letter dated in accordance with past court directions. Most importantly, all the surviving children and direct beneficiaries of the Deceased have signed a Form 38 document giving their full consent for the Applicant to take up this administrative role.
3. Issues for Determination
6. The primary issues requiring determination are:
i. Whether the immediate threat of trespass and destruction of estate property justifies the issuance of a Limited Grant Ad Colligenda Bona during court vacation.
ii. What strict boundaries and limitations must be attached to such a grant to safeguard the overall interests of all beneficiaries.
D. Analysis and Determination
I. Vested Rights to Protect and Preserve Estate Assets
7. The law on the protection of a deceased person's property before a full grant of letters of administration is well-defined. Section 47 of the Law of Succession Act (Cap 160) vests the High Court with wide jurisdiction and complete discretion to make any necessary interim orders to protect and preserve an estate from dissipation, damage, or waste.
8. The Applicant’s moving papers show that third parties are actively clearing trees and encroaching on the land portions left by the Deceased. In our legal system, an administrator cannot maintain a formal civil suit in a court of law on behalf of an estate without presenting a valid grant of representation.
9. If this Court folds its arms and forces the widow to wait for the standard, lengthy succession notice window to lapse, the property stands to be permanently damaged.
10. As established in In re Estate of John Musomba eKLR , where an estate faces an immediate threat from trespassers or active economic loss, the High Court will intervene by issuing a limited grant. This gives the surviving spouse the necessary legal capacity to protect the land. The urgency has been fully demonstrated, and this application falls within the category of urgent vacation business.
II. Strict Limitations of the Grant Ad Colligenda Bona
10. While this Court is satisfied that the Applicant requires immediate legal capacity, a limited grant is a protective measure and not a final distribution tool. It does not empower the holder to distribute, sell, lease, or alter the deceased's assets.
11. In line with the rules under the Law of Succession Act, a grant issued under these emergency circumstances must be strictly limited to the specific purpose requested. The Applicant stated that the limited grant is required solely to file and prosecute a civil suit against the County Government of Busia and the area MCA.
12. Therefore, the grant to be issued will be strictly confined to that purpose and no other. The Applicant is prohibited from entering into any property sales or permanent land allocations until she applies for and obtains a full, regular grant of letters of administration.
E. Conclusion and Final Orders
12. In the upshot, this Court finds that the Applicant's Chamber Summons is highly meritorious and is allowed on an ex-parte basis to prevent permanent damage to the estate.
13. The following orders are hereby issued:
i. The Chamber Summons dated 2 nd September, 2026, is certified as urgent, service is dispensed with, and the application is allowed ex-parte .
ii. A Limited Grant of Letters of Administration Ad Colligenda Bona is hereby issued to the Applicant, Soye Nekesa Edepi , over the estate of the Deceased, Aggrey Edepi Kefa alias Aggrey Edepi Kefa Omusugu.
iii. The Limited Grant issued under this order shall be strictly for the purpose of instituting, filing, and prosecuting a civil suit against the County Government of Busia and the area MCA for trespass and destruction of property, and for no other purpose whatsoever.
iv. The Applicant is expressly prohibited from selling, leasing, transferring, shifting borders, or distributing any portions of the Deceased’s land under this limited grant.
v. The costs of this application shall be costs in the cause.
Orders accordingly.
DATED and DELIVERED at BUSIA
On this 8 th day of September 2026
___________________________
S. MOHOCHI
JUDGE
ruling in hc P&A NO E008 OF 20262