IN THE MATTER OF THE ESTATE OF JANE NYAWIRA NGUNJIRI DECEASED
CHARLES KABUTU NDUNGU …………..………… APPLICANT
VERSUS
DAVID WANGAI NDUNGU ……………………………..RESPONDENT
PAUL NGUNJIRI NDUNGU… 1 ST ADMINISTRATOR/RESPONDENT
PATRICIA NJERI NDUNGU...2 ND ADMINISTRATOR/RESPONDENT
RULING
1. The distribution of this estate was outlined in the Certificate of Confirmation of Grant issued on 21 st February, 2007 and rectified on 10 th November, 2011. Numerous applications have been submitted indicating that the distribution of the estate has not occurred as mandated. These delays are attributed to various obstacles outlined in prior applications.
2. In order to ensure the proper execution of the statutory responsibilities of the Administrators, the Court mandated that all rental income be remitted to the joint account of the Administrators. Further, it was ordered that David Wangai Ndungu (one of the beneficiaries) submit the ownership documents pertaining to the estate’s properties to the Administrators for the processing of property transfers in accordance with the terms outlined in the Certificate of Confirmation of Grant.
3. The Court also ordered that, if the said David Wangai Ndungu fails to supply the documents to the Administrators, the Land Registrar may dispense with their production in the transmission.
4. David was also ordered to vacate the house on the property to facilitate the distribution of the property at Dagoretti/Waithaka/389, which is to be in equal shares with Charles Kabutu Ndungu ( also a beneficiary)
5. The Court has presently been moved via two applications, dated 17 th December, 2025 and the second dated 1 st December, 2025. The applications include some overlapping prayers. However, the main issue is that the Applicant, acting in person, seeks the Court’s intervention to ensure compliance with the orders issued towards execution of the distribution as per the Certificate of Confirmation of Grant.
6. On 14 th May, 2025, the Court raised concerns about the delay in the administration of the estate and the parties were invited to a mention. David did not attend.
7. The administrators have expressed frustration with administering the estate and have indicated that this is due to the actions of David who is currently in occupation of the subject property, Dagoretti/Waithaka/389 and is also receiving rent from Dagoretti/Rirutta/S305.
8. The High Court has jurisdiction under the provisions of Section 47 of the Law of Succession Act and Rule 73 of the Probate & Administration Rules to issue such orders and decrees as may be expedient and necessary for the ends of justice.
9. Based on the contents of the replying affidavit, it is evident that David Wangai Ndungu is aware of the orders that were issued on 24 th November, 2025.
10. Although he contends that these orders were issued in his absence, the Court has noted that he was duly served and did not respond to the application that gave rise to the orders sought. He claims that the applications introduce new issues, and in paragraph 11, he suggests that Charles (applicant) file an application for contempt should he feel aggrieved.
11. It is indeed accurate to assert that contempt proceedings may be initiated when a party fails to comply with court orders. Parties are not permitted to disregard court orders without consequences.
12. The Court grants David Wangai Ndungu 30 days to comply with the orders issued on 24 th November, 2025. For avoidance of doubt, he is ordered to;
(i) grant the administrators access to the estate property Dagoretti/Rirutta/S305 and Dagoretti/Waithaka/389;
(ii) Allow the administrators to collect the rent that the estate may be generating;
(iii) To surrender the ownership documents for the estate’s properties to facilitate distribution as per the Certificate of Confirmation of Grant;
(iv) To give vacant possession of the subject property, Dagoretti/Waithaka/389, to facilitate its distribution in equal shares between him and Charles Kabutu Ndungu, as per the Certificate of Confirmation of Grant;
13. In the event of non-compliance, the administrators are at liberty to initiate contempt proceedings against David Wangai Ndungu.
14. Each party to bear own costs of the two applications.
15. The matter will be scheduled for a mention after the compliance period expires, to confirm status and to take directions as may be appropriate.
16. Orders accordingly.
DATED, DELIVERED and SIGNED at NAIROBI through the Microsoft Teams Online Platform on this 25TH day of MAY, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
Mr. Onkangi, Advocate for David Wangai Ndungu, beneficiary
Charles Kabutu Ndungu, beneficiary
Patricia Njeri Ndungu, 2 nd administrator
No attendance for 1 st administrator
SUCCESSION CAUSE 215 OF 2006 RULING2
CHARLES KABUTU NDUNGU …………..………… APPLICANT
VERSUS
DAVID WANGAI NDUNGU ……………………………..RESPONDENT
PAUL NGUNJIRI NDUNGU… 1 ST ADMINISTRATOR/RESPONDENT
PATRICIA NJERI NDUNGU...2 ND ADMINISTRATOR/RESPONDENT
RULING
1. The distribution of this estate was outlined in the Certificate of Confirmation of Grant issued on 21 st February, 2007 and rectified on 10 th November, 2011. Numerous applications have been submitted indicating that the distribution of the estate has not occurred as mandated. These delays are attributed to various obstacles outlined in prior applications.
2. In order to ensure the proper execution of the statutory responsibilities of the Administrators, the Court mandated that all rental income be remitted to the joint account of the Administrators. Further, it was ordered that David Wangai Ndungu (one of the beneficiaries) submit the ownership documents pertaining to the estate’s properties to the Administrators for the processing of property transfers in accordance with the terms outlined in the Certificate of Confirmation of Grant.
3. The Court also ordered that, if the said David Wangai Ndungu fails to supply the documents to the Administrators, the Land Registrar may dispense with their production in the transmission.
4. David was also ordered to vacate the house on the property to facilitate the distribution of the property at Dagoretti/Waithaka/389, which is to be in equal shares with Charles Kabutu Ndungu ( also a beneficiary)
5. The Court has presently been moved via two applications, dated 17 th December, 2025 and the second dated 1 st December, 2025. The applications include some overlapping prayers. However, the main issue is that the Applicant, acting in person, seeks the Court’s intervention to ensure compliance with the orders issued towards execution of the distribution as per the Certificate of Confirmation of Grant.
6. On 14 th May, 2025, the Court raised concerns about the delay in the administration of the estate and the parties were invited to a mention. David did not attend.
7. The administrators have expressed frustration with administering the estate and have indicated that this is due to the actions of David who is currently in occupation of the subject property, Dagoretti/Waithaka/389 and is also receiving rent from Dagoretti/Rirutta/S305.
8. The High Court has jurisdiction under the provisions of Section 47 of the Law of Succession Act and Rule 73 of the Probate & Administration Rules to issue such orders and decrees as may be expedient and necessary for the ends of justice.
9. Based on the contents of the replying affidavit, it is evident that David Wangai Ndungu is aware of the orders that were issued on 24 th November, 2025.
10. Although he contends that these orders were issued in his absence, the Court has noted that he was duly served and did not respond to the application that gave rise to the orders sought. He claims that the applications introduce new issues, and in paragraph 11, he suggests that Charles (applicant) file an application for contempt should he feel aggrieved.
11. It is indeed accurate to assert that contempt proceedings may be initiated when a party fails to comply with court orders. Parties are not permitted to disregard court orders without consequences.
12. The Court grants David Wangai Ndungu 30 days to comply with the orders issued on 24 th November, 2025. For avoidance of doubt, he is ordered to;
(i) grant the administrators access to the estate property Dagoretti/Rirutta/S305 and Dagoretti/Waithaka/389;
(ii) Allow the administrators to collect the rent that the estate may be generating;
(iii) To surrender the ownership documents for the estate’s properties to facilitate distribution as per the Certificate of Confirmation of Grant;
(iv) To give vacant possession of the subject property, Dagoretti/Waithaka/389, to facilitate its distribution in equal shares between him and Charles Kabutu Ndungu, as per the Certificate of Confirmation of Grant;
13. In the event of non-compliance, the administrators are at liberty to initiate contempt proceedings against David Wangai Ndungu.
14. Each party to bear own costs of the two applications.
15. The matter will be scheduled for a mention after the compliance period expires, to confirm status and to take directions as may be appropriate.
16. Orders accordingly.
DATED, DELIVERED and SIGNED at NAIROBI through the Microsoft Teams Online Platform on this 25TH day of MAY, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
Mr. Onkangi, Advocate for David Wangai Ndungu, beneficiary
Charles Kabutu Ndungu, beneficiary
Patricia Njeri Ndungu, 2 nd administrator
No attendance for 1 st administrator
SUCCESSION CAUSE 215 OF 2006 RULING2