1. In the court’s ruling of 12 th February 2026, the court directed that the surviving administrators, the Respondents herein shall within thirty (30) days from the date of the ruling file in court and serve upon all beneficiaries a full and comprehensive account of their administration of the estate pursuant to section 83 of the Law of Succession Act . The Respondents have now filed the Affidavit of Statement of Account sworn by the 1 st Respondent on 12 th March 2026 which the Applicant has responded to through her replying affidavit sworn on 17 th March 2026.
2. The court is now being called upon to determine whether the Accounts are sufficient as they are and whether the Respondents have concluded the Administration of the estate. I do not think it is in dispute that section 83 of the Law of Succession Act imposes duties on the Respondents as administrators and personal representatives of the estate as follows:
(a) to provide and pay, out of the estate of the deceased, the expenses of a reasonable funeral for him;
(b) to get in all free property of the deceased, including debts owing to him and moneys payable to his personal representatives by reason of his death;
(c) to pay, out of the estate of the deceased, all expenses of obtaining their grant of representation, and all other reasonable expenses of administration (including estate duty, if any);
(d) to ascertain and pay, out of the estate of the deceased, all his debts;
(e) within six months from the date of the grant, to produce to the court a full and accurate inventory of the assets and liabilities of the deceased and a full and accurate account of all dealings therewith up to the date of the account;
(f) subject to section 55, to distribute or to retain on trust (as the case may require) all assets remaining after payment of expenses and debts as provided by the preceding paragraphs of this section and the income therefrom, according to the respective beneficial interests therein under the will or on intestacy, as the case may be;
(g) within six months from the date of confirmation of the grant, or such longer period as the court may allow, to complete the administration of the estate in respect of all matters other than continuing trusts, and to produce to the court a full and accurate account of the completed administration.
(h) to produce to the court, if required by the court, either of its own motion or on the application of any interested party in the estate, a full and accurate inventory of the assets and liabilities of the deceased and a full and accurate account of all dealings therewith up to the date of the account;
(i) to complete the administration of the estate in respect of all matters other than continuing trusts and if required by the court, either of its own motion or on the application of any interested party in the estate, to produce to the court a full and accurate account of the completed administration.
3. My understanding of the foregoing provision is that an administrator, with a confirmed Grant, must distribute the estate within 6 months of the confirmation of the Grant and should account for their activities (see In re Estate of Wellington Mwalungo (Deceased) [2025] KEHC 8291 (KLR) ]. Having gone through the Respondents’ affidavit, I find that they have not sufficiently accounted for the estate, and the administration is not complete. The account filed falls short of the full and comprehensive standard required by the court's ruling and section 83 of the Law of Succession Act above and I will explain why.
4. First, it has taken the Respondents over 5 years since the Grant was confirmed to account for the estate. Second, there is no inventory provided as there is no list of all estate assets and no record of creditors/liabilities. The Respondents claim proceeds from Kawethei Plot No. 43 being Kshs. 400,000 and Kangundo Plot No. 141 being Kshs. 3,350,000 were deposited in joint advocate accounts and shared amongst beneficiaries, however, I am in agreement with the Applicant that they have not provided payment schedules showing each beneficiary's share, bank statements or transfer records demonstrating actual payments and acknowledgments of receipt from beneficiaries. Specifically, no documentary proof of how and when the late George Nziuko received his share despite this being a central complaint by the Applicant.
5. Further, whereas the Respondents claim that the Ukia property does not belong to the estate, no documentary evidence provided to disprove Applicant's claim and the sale agreement allegedly involving 1 st Respondent personally raises questions as observed by the court in the ruling of 12 th February 2026. On the Syokimau 5-acre plot, the Respondents aver that investigations have been ongoing since 2018 when it was reported to the police. However, no civil recovery proceedings have been instituted in 8 years and I find that merely reporting to DCI is insufficient diligence. On House No. 17 on Kimathi Estate, the Respondents admit that they are still in the process of procuring the lease and title documents, however, no timeline or evidence of progress has been provided. The Respondents have also acknowledged that Monicah Mwenga Manthi, who was a co-administrator, passed away, however, no steps have been taken to have her name removed from the Grant or to address her share of the estate in the accounts.
6. It is therefore clear from the above that administration is yet to be completed as House A17 is still pending transfer/sale, the Syokimau property has not been recovered as no legal proceedings have been instituted and the Ukia property is disputed, with no definitive resolution. The Affidavit of Statement of Account does not provide a full and comprehensive account as it provides only narrative assertions without supporting documentary evidence of actual distribution, it does not account for the deceased beneficiary's share, it does not demonstrate diligent administration as assets remain outstanding after 14 years and it does not adequately address the Ukia property dispute.
Disposition
7. The Court now makes the following final orders:
1) The Affidavit of Statement of Account sworn by John Mukulya Manthi on 12 th March 2026 does not constitute a full and accurate account of the administration of the estate of the deceased as required under section 83 of the Law of Succession Act and does not comply with the directive of this Court in its Ruling of 12 th February 2026.
2) The Respondents have failed to proceed diligently with the administration of the estate of the Deceased and that the administration of the estate of the deceased remains incomplete, with the following assets still unadministered:
(i) The five (5) acre parcel of land in Syokimau Estate, being Plot No. 4 on L.R. No. 7/49/11;
(ii) House No. A17, Kimathi Estate, Nairobi; and
(iii) The property situate in Ukia area of Kilungu Sub-County, the status of which remains unresolved.
3) The Respondents are hereby ordered to file in this Court and serve upon the Applicant and all other beneficiaries, within thirty (30) days from the date of these orders, a proper and comprehensive account of their administration of the estate, which shall include:
(a) A full and accurate inventory of all assets and liabilities of the deceased as at the date of death and as at the date of the account, including all property that has since been sold or transferred;
(b) A full and accurate account of all dealings with each asset of the estate, including but not limited to:
(i) The complete sale agreement and transfer documents for Kawethei Plot No. 43;
(ii) The complete sale agreement and transfer documents for Kangundo Plot No. 141;
(iii) All bank statements from the joint accounts in the names of B.M Mung'ata & Company Advocates and Mulyungi & Mulyungi Associates showing receipt of the purchase price for the said properties;
(iv) Full payment schedules showing the amount paid to each of the eleven (11) beneficiaries from the proceeds of sale of the said properties;
(v) Documentary evidence of payment to each beneficiary, including bank transfer receipts, cheques, or acknowledgments of receipt duly signed by each beneficiary;
(c) Documentary evidence demonstrating how and when the late George Nziuko received his share of the proceeds of sale of Kawethei Plot No. 43 and Kangundo Plot No. 141, or a full explanation if such share was not paid;
(d) A full account of all rental income, if any, received from any estate property, and the distribution thereof;
(e) A full account of all expenses incurred in the administration of the estate, supported by receipts or other documentary evidence.
4) The Respondents are hereby ordered to within thirty (30) days from the date of these orders:
i. file a report in this Court detailing the exact steps taken to recover the five (5) acre parcel of land in Syokimau Estate, being Plot No. 4 on L.R. No. 7/49/11
ii. institute appropriate legal proceedings for the recovery of the said property and file proof of such proceedings in this Court;
iii. Report to this Court on the progress of the recovery proceedings every ninety (90) days until final determination of the matter.
5) In default of compliance with Order 4) above, the Respondents shall be personally liable to account for the value of the Syokimau property from their respective shares in the estate, and the Court shall proceed to remove them as administrators.
6) The Respondents are hereby ordered to within thirty (30) tknmdays from the date of these orders, take all necessary steps to procure the lease and certificate of title for House No. A17, Kimathi Estate, Nairobi, and file a report in this Court on the progress made. Upon procurement of the said title documents, the Respondents are directed to facilitate the sale and transfer of the property to the Applicant in compliance with the decree in ELC Case No. E145 of 2021, upon payment by the Applicant of the court-ordered consideration of Kshs. 8,600,000.00.
7) The Respondents are hereby ordered to file in this Court within thirty (30) days from the date of these orders:
(a) A full inventory of all properties known to belong to the estate, including any property in Ukia area; and
(b) Documentary evidence, including a search certificate from the Ministry of Lands or the relevant county government, demonstrating the ownership status of the property alleged by the Applicant to belong to the estate in Ukia area of Kilungu Sub-County.If the said property is found to belong to the estate, the Respondents shall, within ninety (90) days from the date of discovery, either recover the property or account for the proceeds of sale thereof, failing which they shall be personally liable to account for the value thereof from their respective shares in the estate.
8) If the Respondents fail to comply with any of the orders herein within the stipulated timeframes, the Applicant shall be at liberty to apply to this Court for an order revoking the Grant issued to the Respondents; and an order appointing the Applicant, jointly with any other fit and proper person, as administrator(s) of the estate of the deceased in place of the Respondents.
9) Pending the completion of administration of the estate, the Respondents shall not sell, transfer, charge, or in any other manner dispose of any estate asset without prior leave of this Court.
10) There shall be no order as to costs
DATED SIGNED AND DELIVERED virtually this 14 TH DAY OF SEPTEMBER
2026
............................................................................
J W W MONGARE
JUDGE
IN THE PRESENCE OF
1. Mr. Ahombo holding brief for Mr. Amuga for the Applicant
2. N/A for the Respondent
3. Abdisalan- Court Assistant
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2. The court is now being called upon to determine whether the Accounts are sufficient as they are and whether the Respondents have concluded the Administration of the estate. I do not think it is in dispute that section 83 of the Law of Succession Act imposes duties on the Respondents as administrators and personal representatives of the estate as follows:
(a) to provide and pay, out of the estate of the deceased, the expenses of a reasonable funeral for him;
(b) to get in all free property of the deceased, including debts owing to him and moneys payable to his personal representatives by reason of his death;
(c) to pay, out of the estate of the deceased, all expenses of obtaining their grant of representation, and all other reasonable expenses of administration (including estate duty, if any);
(d) to ascertain and pay, out of the estate of the deceased, all his debts;
(e) within six months from the date of the grant, to produce to the court a full and accurate inventory of the assets and liabilities of the deceased and a full and accurate account of all dealings therewith up to the date of the account;
(f) subject to section 55, to distribute or to retain on trust (as the case may require) all assets remaining after payment of expenses and debts as provided by the preceding paragraphs of this section and the income therefrom, according to the respective beneficial interests therein under the will or on intestacy, as the case may be;
(g) within six months from the date of confirmation of the grant, or such longer period as the court may allow, to complete the administration of the estate in respect of all matters other than continuing trusts, and to produce to the court a full and accurate account of the completed administration.
(h) to produce to the court, if required by the court, either of its own motion or on the application of any interested party in the estate, a full and accurate inventory of the assets and liabilities of the deceased and a full and accurate account of all dealings therewith up to the date of the account;
(i) to complete the administration of the estate in respect of all matters other than continuing trusts and if required by the court, either of its own motion or on the application of any interested party in the estate, to produce to the court a full and accurate account of the completed administration.
3. My understanding of the foregoing provision is that an administrator, with a confirmed Grant, must distribute the estate within 6 months of the confirmation of the Grant and should account for their activities (see In re Estate of Wellington Mwalungo (Deceased) [2025] KEHC 8291 (KLR) ]. Having gone through the Respondents’ affidavit, I find that they have not sufficiently accounted for the estate, and the administration is not complete. The account filed falls short of the full and comprehensive standard required by the court's ruling and section 83 of the Law of Succession Act above and I will explain why.
4. First, it has taken the Respondents over 5 years since the Grant was confirmed to account for the estate. Second, there is no inventory provided as there is no list of all estate assets and no record of creditors/liabilities. The Respondents claim proceeds from Kawethei Plot No. 43 being Kshs. 400,000 and Kangundo Plot No. 141 being Kshs. 3,350,000 were deposited in joint advocate accounts and shared amongst beneficiaries, however, I am in agreement with the Applicant that they have not provided payment schedules showing each beneficiary's share, bank statements or transfer records demonstrating actual payments and acknowledgments of receipt from beneficiaries. Specifically, no documentary proof of how and when the late George Nziuko received his share despite this being a central complaint by the Applicant.
5. Further, whereas the Respondents claim that the Ukia property does not belong to the estate, no documentary evidence provided to disprove Applicant's claim and the sale agreement allegedly involving 1 st Respondent personally raises questions as observed by the court in the ruling of 12 th February 2026. On the Syokimau 5-acre plot, the Respondents aver that investigations have been ongoing since 2018 when it was reported to the police. However, no civil recovery proceedings have been instituted in 8 years and I find that merely reporting to DCI is insufficient diligence. On House No. 17 on Kimathi Estate, the Respondents admit that they are still in the process of procuring the lease and title documents, however, no timeline or evidence of progress has been provided. The Respondents have also acknowledged that Monicah Mwenga Manthi, who was a co-administrator, passed away, however, no steps have been taken to have her name removed from the Grant or to address her share of the estate in the accounts.
6. It is therefore clear from the above that administration is yet to be completed as House A17 is still pending transfer/sale, the Syokimau property has not been recovered as no legal proceedings have been instituted and the Ukia property is disputed, with no definitive resolution. The Affidavit of Statement of Account does not provide a full and comprehensive account as it provides only narrative assertions without supporting documentary evidence of actual distribution, it does not account for the deceased beneficiary's share, it does not demonstrate diligent administration as assets remain outstanding after 14 years and it does not adequately address the Ukia property dispute.
Disposition
7. The Court now makes the following final orders:
1) The Affidavit of Statement of Account sworn by John Mukulya Manthi on 12 th March 2026 does not constitute a full and accurate account of the administration of the estate of the deceased as required under section 83 of the Law of Succession Act and does not comply with the directive of this Court in its Ruling of 12 th February 2026.
2) The Respondents have failed to proceed diligently with the administration of the estate of the Deceased and that the administration of the estate of the deceased remains incomplete, with the following assets still unadministered:
(i) The five (5) acre parcel of land in Syokimau Estate, being Plot No. 4 on L.R. No. 7/49/11;
(ii) House No. A17, Kimathi Estate, Nairobi; and
(iii) The property situate in Ukia area of Kilungu Sub-County, the status of which remains unresolved.
3) The Respondents are hereby ordered to file in this Court and serve upon the Applicant and all other beneficiaries, within thirty (30) days from the date of these orders, a proper and comprehensive account of their administration of the estate, which shall include:
(a) A full and accurate inventory of all assets and liabilities of the deceased as at the date of death and as at the date of the account, including all property that has since been sold or transferred;
(b) A full and accurate account of all dealings with each asset of the estate, including but not limited to:
(i) The complete sale agreement and transfer documents for Kawethei Plot No. 43;
(ii) The complete sale agreement and transfer documents for Kangundo Plot No. 141;
(iii) All bank statements from the joint accounts in the names of B.M Mung'ata & Company Advocates and Mulyungi & Mulyungi Associates showing receipt of the purchase price for the said properties;
(iv) Full payment schedules showing the amount paid to each of the eleven (11) beneficiaries from the proceeds of sale of the said properties;
(v) Documentary evidence of payment to each beneficiary, including bank transfer receipts, cheques, or acknowledgments of receipt duly signed by each beneficiary;
(c) Documentary evidence demonstrating how and when the late George Nziuko received his share of the proceeds of sale of Kawethei Plot No. 43 and Kangundo Plot No. 141, or a full explanation if such share was not paid;
(d) A full account of all rental income, if any, received from any estate property, and the distribution thereof;
(e) A full account of all expenses incurred in the administration of the estate, supported by receipts or other documentary evidence.
4) The Respondents are hereby ordered to within thirty (30) days from the date of these orders:
i. file a report in this Court detailing the exact steps taken to recover the five (5) acre parcel of land in Syokimau Estate, being Plot No. 4 on L.R. No. 7/49/11
ii. institute appropriate legal proceedings for the recovery of the said property and file proof of such proceedings in this Court;
iii. Report to this Court on the progress of the recovery proceedings every ninety (90) days until final determination of the matter.
5) In default of compliance with Order 4) above, the Respondents shall be personally liable to account for the value of the Syokimau property from their respective shares in the estate, and the Court shall proceed to remove them as administrators.
6) The Respondents are hereby ordered to within thirty (30) tknmdays from the date of these orders, take all necessary steps to procure the lease and certificate of title for House No. A17, Kimathi Estate, Nairobi, and file a report in this Court on the progress made. Upon procurement of the said title documents, the Respondents are directed to facilitate the sale and transfer of the property to the Applicant in compliance with the decree in ELC Case No. E145 of 2021, upon payment by the Applicant of the court-ordered consideration of Kshs. 8,600,000.00.
7) The Respondents are hereby ordered to file in this Court within thirty (30) days from the date of these orders:
(a) A full inventory of all properties known to belong to the estate, including any property in Ukia area; and
(b) Documentary evidence, including a search certificate from the Ministry of Lands or the relevant county government, demonstrating the ownership status of the property alleged by the Applicant to belong to the estate in Ukia area of Kilungu Sub-County.If the said property is found to belong to the estate, the Respondents shall, within ninety (90) days from the date of discovery, either recover the property or account for the proceeds of sale thereof, failing which they shall be personally liable to account for the value thereof from their respective shares in the estate.
8) If the Respondents fail to comply with any of the orders herein within the stipulated timeframes, the Applicant shall be at liberty to apply to this Court for an order revoking the Grant issued to the Respondents; and an order appointing the Applicant, jointly with any other fit and proper person, as administrator(s) of the estate of the deceased in place of the Respondents.
9) Pending the completion of administration of the estate, the Respondents shall not sell, transfer, charge, or in any other manner dispose of any estate asset without prior leave of this Court.
10) There shall be no order as to costs
DATED SIGNED AND DELIVERED virtually this 14 TH DAY OF SEPTEMBER
2026
............................................................................
J W W MONGARE
JUDGE
IN THE PRESENCE OF
1. Mr. Ahombo holding brief for Mr. Amuga for the Applicant
2. N/A for the Respondent
3. Abdisalan- Court Assistant
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