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JudgmentIn the Estate of GICHENGO GEORGE DOMINIC WACHIRA2 min read

In the Estate of GICHENGO GEORGE DOMINIC WACHIRA

High Court at Mombasa High Court · · Visram Aleem Alnashir

CONFIRMATION OF GRANT

Introduction and Background

1. Before the Court is the Summons for Confirmation of Grant dated 19th June 2026 brought pursuant to section 71 of the Law of Succession Act and Rules 40 and 41 of the Probate and Administration Rules. The application seeks confirmation of the Grant of Letters of Administration Intestate issued in this cause.

2. The deceased, George Dominic Wachira Gichengo, died on 27th March 2025. A Grant of Letters of Administration Intestate was issued on 26th November 2025 to Emily Wamboi Karigo and Malcom Wachira Gichengo, who are the administrators of the estate.

3. In support of the application, the administrators have filed a supplementary affidavit setting out the assets comprising the estate, the persons beneficially entitled thereto, and the proposed mode of distribution. Consents to the proposed distribution have also been executed by the adult beneficiaries.

4. The proposed distribution provides that the share of the minor beneficiary, Imani Wanjiku Wachira, shall be held in trust jointly by the administrators until she attains the age of majority.

5. No protest or objection has been lodged against the application.

Analysis and Determination

6. The Court has considered the Summons for Confirmation of Grant, the supporting and supplementary affidavits, the schedule of assets, the consent to confirmation executed by the adult beneficiaries, and the entire court record.

7. Under section 71(2) of the Law of Succession Act, the Court may confirm a grant where it is satisfied as to the respective identities and shares of all persons beneficially entitled to the estate.

8. The record shows that the deceased was survived by the following beneficiaries:

a. Emily Wamboi Karigo;b. Malcom Wachira Gichengo;c. Cecilia Wanjiku Wachira; andd. Imani Wanjiku Wachira (minor).

9. The Court is satisfied that the administrators have identified the beneficiaries of the estate and the assets available for distribution. The beneficiaries have consented to the proposed mode of distribution and no person has come forward to challenge either the grant or the proposed distribution.

10. The Court further notes that the statutory period prescribed for confirmation has elapsed. There is therefore no legal impediment to confirmation of the grant.

11. Having considered all the material placed before it, the Court is satisfied that the proposed distribution, as set out in the supplementary affidavit in support of the summons, reflects the agreed mode of devolution of the estate among the beneficiaries. The arrangement that the minor's share be held in trust jointly by the administrators until she attains the age of majority is appropriate in the circumstances.

Orders

12. Accordingly, the Summons for Confirmation of Grant dated 19th June 2026 is hereby allowed.

13. The Grant of Letters of Administration Intestate issued in this cause to Emily Wamboi Karigo and Malcom Wachira Gichengo on 26th November 2025 is hereby confirmed.

14. The estate of the late George Dominic Wachira Gichengo shall devolve in accordance with the mode of distribution set out in paragraph 5 of the supplementary affidavit sworn on 28th July 2026.

15. A Certificate of Confirmation of Grant shall issue accordingly.

16. There shall be no order as to costs.

17. The file is marked as closed.

It is so ordered.