1. The estate the subject of these proceedings is that of Hassan Mwinyi Mwinyijaka. The late Hassan died on 25th June 2008 at Port Reitz Hospital, Mombasa. He was 62 years old at the time of his death.
2. Mwinyijaka Hassan, as the eldest son of the deceased, filed a petition for the grant of representation in respect of the deceased's estate on 19th February 2009. He listed his mother, himself, and his siblings, Mwanaisha, Mwanahawa, Said Hassan, and Mzee Hassan, as the beneficiaries of the deceased's estate.
3. The grant of representation was issued to Mwinyijaka Hassan Mwinyi on 10th July 2009. The said grant was revoked on 31st May 2018 by Mugure Thande, J., pursuant to section 76(d)(i) of the Law of Succession Act, as the administrator had failed to prosecute the Petition.
4. Through the summons dated 3rd July 2024, the applicant seeks to have the order issued on 31st May 2018 reviewed or set aside, for him to be issued with the grant and for Mwinyijaka Hassan Mwinyi to be ordered to account for the management of the estate from the date of the grant to date.
5. The applicant accused the former administrator of mismanaging the deceased's estate.
6. The application is opposed by Mwinyijaka Hassan Mwinyi. He averred that the estate had already been determined in the Kadhi Court Succession Cause No.116 of 2013. He denied distributing the estate's income and averred that the applicant did so. He further averred that the reason the grant wasn’t confirmed was that Saidi refused to sign the summons.
7. The application was canvassed by way of written submissions. Those of the applicant are dated 19th November 2025. The Respondent’s submissions are dated 24th November 2025.
8. I have considered the application, as well as the submissions of the parties. It is a common ground that the grant was revoked. There is now no administrator in respect of the estate. Parties agree that the estate has not been fully distributed, although they all acknowledge that the Kadhi’s court has already identified each party’s share of the estate.
9. In my view, the estate should be fully administered. For that to happen, the court must appoint an administrator of the estate and issue a new grant to him.
10. Section 66 of the Law of Succession Act gives the court the ultimate discretion on who to appoint as an administrator. Since the former administrator does not believe there is anything left to do, I am of the view that he is not a fit and proper person to serve as administrator.
11. In the circumstances of this matter, I appoint Saidi as the new administrator. I direct that he file a summons for confirmation of the grant within 60 days of the date hereof.
12. I further direct that the former administrator render a full and accurate account of the estate, and an inventory of its assets and liabilities, from the time he was appointed as an administrator, up to date.
13. Since this is a dispute between close family members, I order and direct that each party shall bear its own costs.
14. It is so ordered.
Dated and delivered at Nairobi, this 5th day of June 2026.
2. Mwinyijaka Hassan, as the eldest son of the deceased, filed a petition for the grant of representation in respect of the deceased's estate on 19th February 2009. He listed his mother, himself, and his siblings, Mwanaisha, Mwanahawa, Said Hassan, and Mzee Hassan, as the beneficiaries of the deceased's estate.
3. The grant of representation was issued to Mwinyijaka Hassan Mwinyi on 10th July 2009. The said grant was revoked on 31st May 2018 by Mugure Thande, J., pursuant to section 76(d)(i) of the Law of Succession Act, as the administrator had failed to prosecute the Petition.
4. Through the summons dated 3rd July 2024, the applicant seeks to have the order issued on 31st May 2018 reviewed or set aside, for him to be issued with the grant and for Mwinyijaka Hassan Mwinyi to be ordered to account for the management of the estate from the date of the grant to date.
5. The applicant accused the former administrator of mismanaging the deceased's estate.
6. The application is opposed by Mwinyijaka Hassan Mwinyi. He averred that the estate had already been determined in the Kadhi Court Succession Cause No.116 of 2013. He denied distributing the estate's income and averred that the applicant did so. He further averred that the reason the grant wasn’t confirmed was that Saidi refused to sign the summons.
7. The application was canvassed by way of written submissions. Those of the applicant are dated 19th November 2025. The Respondent’s submissions are dated 24th November 2025.
8. I have considered the application, as well as the submissions of the parties. It is a common ground that the grant was revoked. There is now no administrator in respect of the estate. Parties agree that the estate has not been fully distributed, although they all acknowledge that the Kadhi’s court has already identified each party’s share of the estate.
9. In my view, the estate should be fully administered. For that to happen, the court must appoint an administrator of the estate and issue a new grant to him.
10. Section 66 of the Law of Succession Act gives the court the ultimate discretion on who to appoint as an administrator. Since the former administrator does not believe there is anything left to do, I am of the view that he is not a fit and proper person to serve as administrator.
11. In the circumstances of this matter, I appoint Saidi as the new administrator. I direct that he file a summons for confirmation of the grant within 60 days of the date hereof.
12. I further direct that the former administrator render a full and accurate account of the estate, and an inventory of its assets and liabilities, from the time he was appointed as an administrator, up to date.
13. Since this is a dispute between close family members, I order and direct that each party shall bear its own costs.
14. It is so ordered.
Dated and delivered at Nairobi, this 5th day of June 2026.