CONFIRMATION OF GRANT OF PROBATE
1. Before the Court is the Summons for Confirmation of Grant dated 26th May 2026 brought by the Executor, Kenneth Muiruri Ndungu , seeking confirmation of the Grant of Probate of Written Will issued on 1st July 2025.
2. The application is brought pursuant to section 71 of the Law of Succession Act and Rule 40 of the Probate and Administration Rules and is supported by the affidavit of the Executor and the documents on record.
3. The deceased, Ruth Wanjiku Karoki , died on 11th April 2023 leaving a written Will dated 8th January 2016. The Will appointed the Applicant as the sole Executor and a Grant of Probate of Written Will was subsequently issued to him on 1st July 2025.
4. I have considered the Summons, the supporting affidavit, the Grant of Probate, the Will of the deceased and the entire court record.
5. More than six months have elapsed since the issuance of the Grant and the requirement under section 71(1) of the Law of Succession Act has therefore been satisfied.
6. The affidavit in support sets out the assets comprising the estate and identifies the deceased's surviving children, namely Kenneth Muiruri Ndungu and Elizabeth Gathoni Ndungu . It further confirms that no application for provision by a dependant is pending.
7. The proposed distribution mirrors the testamentary wishes expressed in the Will. The consent of Elizabeth Gathoni Ndungu to confirmation of the Grant has also been filed.
8. I am satisfied that the proposed distribution accords with the wishes of the deceased as expressed in her Will and that there is no impediment to confirmation of the Grant.
9. Accordingly, the Summons for Confirmation of Grant dated 26th May 2026 is allowed. The Grant of Probate of Written Will issued on 1st July 2025 is hereby confirmed. The estate shall devolve in accordance with the Last Will and Testament of the deceased and a Certificate of Confirmation of Grant shall issue accordingly.
10. There shall be no order as to costs.
1. Before the Court is the Summons for Confirmation of Grant dated 26th May 2026 brought by the Executor, Kenneth Muiruri Ndungu , seeking confirmation of the Grant of Probate of Written Will issued on 1st July 2025.
2. The application is brought pursuant to section 71 of the Law of Succession Act and Rule 40 of the Probate and Administration Rules and is supported by the affidavit of the Executor and the documents on record.
3. The deceased, Ruth Wanjiku Karoki , died on 11th April 2023 leaving a written Will dated 8th January 2016. The Will appointed the Applicant as the sole Executor and a Grant of Probate of Written Will was subsequently issued to him on 1st July 2025.
4. I have considered the Summons, the supporting affidavit, the Grant of Probate, the Will of the deceased and the entire court record.
5. More than six months have elapsed since the issuance of the Grant and the requirement under section 71(1) of the Law of Succession Act has therefore been satisfied.
6. The affidavit in support sets out the assets comprising the estate and identifies the deceased's surviving children, namely Kenneth Muiruri Ndungu and Elizabeth Gathoni Ndungu . It further confirms that no application for provision by a dependant is pending.
7. The proposed distribution mirrors the testamentary wishes expressed in the Will. The consent of Elizabeth Gathoni Ndungu to confirmation of the Grant has also been filed.
8. I am satisfied that the proposed distribution accords with the wishes of the deceased as expressed in her Will and that there is no impediment to confirmation of the Grant.
9. Accordingly, the Summons for Confirmation of Grant dated 26th May 2026 is allowed. The Grant of Probate of Written Will issued on 1st July 2025 is hereby confirmed. The estate shall devolve in accordance with the Last Will and Testament of the deceased and a Certificate of Confirmation of Grant shall issue accordingly.
10. There shall be no order as to costs.