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BACKGROUND
The deceased herein died intestate on the 30 th September 2025. From the filings on record he was polygamous at the time of his death. This ruling relates to Chamber Summons application dated 12 th May 2025 and Petition for Grant of Administration Ad Colligenda Bona dated 6 th May 2025. The Court had referred the matter to Court Annexed Mediation in the hope that the family would agree on administrators. From the record it appears that efforts to do so have been unsuccessful.
The Application dated 12 th May 2025 is presented under Section 3,47 and 66 of the Law of Succession Act and Rules 7 and 73 of the Probate and Administration Rules. The prayers sought are-
Spent
Spent
Upon hearing and determination of this application, this Honourable Court be pleased to strike out the undated Petition for letters of administration intestate as filed by the Respondents in this matter.
This Honourable Court be pleased to give directions on who between the applicant and the respondents herein should Petition for grant of letters of administration in respect of the Estate of the deceased.
This Honourable Court be pleased to give any such further orders/ directions as it may deem fit and just in the circumstances.
The costs of this application be provided for.
The application is supported by the applicant sworn on 12 th May 2025. She is a widow of the deceased she objects to the Petition for Grant of Letters of Administration Intestate by the respondents as she ranks in priority to them and they have lodged the Petition absent the consent of beneficiaries of the estate.
The 3 rd Respondent has filed an affidavit in opposition sworn on 25 th September 2025. She avers that applicant is ill suited to be appointed administrator on account of various acts that amount to intermeddling and sets out a chronology of events and court battles from the Kadhi’s Court in Kibera, the Magistrate’s Court at Kimilili and the High Court in Bungoma.
This application was canvassed via written submissions. The Applicant’s submissions are dated 26 th September 2025. The sole issue framed for determination is whether the application dated 12 th May 2025 is merited and whether the orders sought should issue.
The applicant submits that the application is not opposed. It would appear that at the time she filed her submissions, she had not sighted the respondent’s response. Reference is made to decision in Gulleid v Registrat of Persons & Another ( Petition E007 of 2021) [2021] KEHC 110 (KLR) to urge the Court to find that the facts are admitted.
It is urged that the applicant as a spouse ranks in priority and reference made to the decisions in Gichuku Samwel v Abida Kina Njagi & 5 Others [2020] eKLR and re Estate of Charles Shatsala Ikunza ( Deceased) [2021] eKLR on the interpretation and application of Section 66 of the Law of Succession Act.
The applicant urges that the Court be persuaded by the decisions in Re Estate of Bernard Mwangi Wanjohi (Deceased) [2023] KEHC 23491 (KLR) and Re Estate of Mathenge Gichobi ( Deceased) [2022] eKLR on the fate of a Petition that does not comply with the requirement to secure the consents of beneficiaries who rank in priority or equal to the Petitioners.
The Respondent did not file submissions.
The Petitioners herein urge that the Court grant letters of administration ad colligenda bona in light of the continued intermeddling with the estate. The have singled out the applicant in the summons dated 12 th May 2025 as one of the inter meddlers.
ANALYSIS AND DETERMINATION
The issues for determination are-
Whether the Application dated 12 th May 2025 is merited
Whether grant of letters of administration ad colligenda bona should issue
What if any are the consequential orders the Court to preserve the Estate?
Who should pay costs herein
The application dated 12 th May 2025 is presented under Section 3, 47 and 66 of the Law of Succession Act, along with rules 7 and 73 of the Probate and Administration Rules. Section 3 is the definitional section of the Act. The Applicant has not drawn my attention to the relevant definitions under Section 3.
Section 47 of the Act and Rule 73 of the rules safeguard the inherent power of the probate Court to make orders that are expedient, necessary for the ends of justice and prevent an abuse of the Court. Finally rule 7 sets out the provisions to guide applicants presenting petitions for grant of letters of administration- a checklist.
The applicant submits that since the application is not opposed it should be allowed as prayed. This cannot be right as the Court has a duty to ensure that orders are made that are provided for under the law.
In the instant case the applicant is seeking to prevent a party from applying for letters of administration. There is a Petition before Court presented by the respondents which is yet to be gazetted. The question I asked myself therefore is whether the applicant has the locus standi to present the application. As matters stand no grant has issued in respect to this Estate. The facts of this case are almost on all fours with those on Edema & 2 others v Edema & 5 others (Miscellaneous Succession Cause E001 of 2022) [2022] KEHC 9960 (KLR) (6 July 2022) (Ruling) in which the Applicant sought orders against the Respondents for intermeddling. As in the instant case the applicants in that case presented the application in the absence of Letters of Administration. On the question of locus standi , the Court cited with approval the decision in Alfred Njau v City Council of Nairobi (1983) KLR 625 where the Court of Appeal stated-
locus standi literally means a place of standing and refers to the right to appear or herd[sic] in court proceedings and to say that a person has no locus standi means that he/she has no right to appear or be heard in such and such proceedings.
The Court further referred to the decision of Dulu J. in Re Estate of Geoffrey Meitamei Lonina (Deceased) [2012] eKLR where the Court stated -
Indeed, under Section 45(1) and (2) of the Law of Succession Act (Cap 160) this Court has powers to protect the assets of a deceased person. However, in my view only an administrator or an interested party in an existing administration cause, can apply for protection of the deceased’s assets. In the present matter, no application for letters of administration has been filed under Sections 51, 53 or 54 of the Law of Succession Act. Therefore, in my view, the provisions of Section 45 of the Act cannot be brought into play by the applicant. She has no legal standing in law to bring the present application. On that account, I find that the application is misconceived.
I am persuaded by the reasoning in the above cited authorities and would find that the application is incompetent for having been filed before a grant of letters of administration was obtained.
I go further and observe that the applicant is seeking to ‘freeze’ a Petition for grant of letters of letters of administration. This is unknown under the law. The law only provides for objection to the making of the grant under Section 68 of the Law of Succession Act upon notice issuing that an application has been lodged under Section 67 of the Law of Succession Act. The procedure to be followed is set out under rule 17 of the probate and administration rules.
67. Notice of application for grant
(1) No grant of representation, other than a limited grant for collection and preservation of assets, shall be made until there has been published notice of the application for such grant, inviting objections thereto to be made known to the court within a specified period of not less than thirty days from the date of publication, and the period so specified has expired.
(2) A notice under subsection (1) shall be exhibited conspicuously in the court-house, and also published in such other manner as the court directs.
68. Objections to application
(1) Notice of any objection to an application for a grant of representation shall be lodged with the court, in such form as may be prescribed, within the period specified by such notice as aforesaid, or such longer period as the court may allow.
(2) Where notice of objection has been lodged under subsection (1), the court shall give notice to the objector to file an answer to the application and a cross application within a specified period.
I am persuaded by the decision of the Court in In Re Estate of Quintus Ekessa – Deceased [2021] eKLR where the court held that as the pre-requisite gazette notice had not been issued, the objector therein had no basis for filing an objection and that in doing so, the same was premature, incompetent and improper before that court as the procedure prescribed in Sections 67, 68 and 69 of the Law of Succession Act was not complied with.
From the Petition filed by the Respondents on 6 th May 2025, it is submitted that the deceased died intestate and leaves a vast estate. The Beneficiaries of his estate are enumerated as-
Zainab Haji Omar- Wife
Catherine Nabwala Muldte Okumu Wife
Rose Polyne Nyambura Wife
Harriet Murunga Daughter
Brian Murunga Son
Maureen Murunga Daughter
Angela Murunga Daughter
Mildred Murunga Daughter
Halima Nekoye Murunga Daughter
Suleiman Murunga Junior Son
Noah Murunga Son
Halima Wamukoya Murunga Daughter
Halima Achando Murunga Daughter
Farhan Murunga Son
Since the first appearance in Court, there has been contestation between the applicants and the respondents as to who is best placed to take out letters of administration. The Law of Succession Act, vests on the probate court the mandate to ensure that the estate of a deceased whether testate or intestate is administered and transmitted without delay. An estate can never be in limbo and even where there is contestation on administration as in the instant case, the Court is charged with the responsibility of preserving the estate. This is where the Court is vested with the powers under Section 47 of the Act and rule 73 of the Probate of administration rules and this is the import of Rule 36 of the Probate and Administration Rules, which provides inter alia -
36. Grant ad colligenda bona under s. 67 of the Act
(1) Where, owing to special circumstances the urgency of the matter is so great that it would not be possible for the court to make a full grant of representation to the person who would by law be entitled thereto in sufficient time to meet the necessities of the case, any person may apply to the court for the making of a grant of administration ad colligenda bona defuncti of the estate of the deceased.
(2)Every such grant shall be in Form 47 and be expressly limited for the purpose only of collecting and getting in and receiving the estate and doing such acts as may be necessary for the preservation of the estate and until a further grant is made….
I am satisfied that even as we move towards issuing grant of letters of administration with respect to this estate there is need to preserve the estate. In the circumstances I will as prayed by the Petitioners allow the Petition dated 6 th May 2025 and issue grant of letters of administration ad colligenda bona defuncti for the estate of SULEIMAN MURUNGA KASUTI (Deceased) jointly to MAUREEN MURUNGA, HALIMA ACHANDO MURUNGA AND HALIMA NEKOYE. The said grant limited solely to the collection, receipt and preservation of the estate and to undertake any actions necessary for its safeguarding limited for a period of 3 months to allow for Petitioning of the full grant in respect of the estate. The Administrators will submit to Court monthly reports on their dealings with the estate of the deceased. The first report shall fall due on 15 th December 2025 and the 15 th date of the subsequent months.
On the Administration of the Estate, Section 66 of the Law of Succession Act guides on the preference to be given to certain persons to administer where deceased died intestate-
66. Preference to be given to certain persons to administer where deceased died intestate
When a deceased has died intestate, the court shall, save as otherwise expressly provided, have a final discretion as to the person or persons to whom a grant of letters of administration shall, in the best interests of all concerned, be made, but shall, without prejudice to that discretion, accept as a general guide the following order of preference—
(a)surviving spouse or spouses, with or without association of other beneficiaries;
(b)other beneficiaries entitled on intestacy, with priority according to their respective beneficial interests as provided by Part V;
(c)the Public Trustee; and
(d)creditors:
Provided that, where there is partial intestacy, letters of administration in respect of the intestate estate shall be granted to any executor or executors who prove the will.
The deceased is survived by 3 widows, Zainab Haji Omar, Catherine Nabwala Muldte Okumu and Rose Polyne Nyambura. I direct that the 3 widows will proceed and jointly petition for grant of letters of administration within 45 days from the date hereof. I take note of the Caveat Lodged by Brian Sitati Kisabuli Murunga on 6 th October 2025. I direct that upon the lodging of the Petition by the 3 widows as directed the matter will be mentioned before the Deputy Registrar on 12 th January 2026 for directions to issue in accordance with Rule 15 (9) of the Probate and Administration Rules.
The final orders are as follows
The Chamber Summons dated 12 th May 2025 is struck out for being incompetent and premature.
Grant of Letters of Administration ad colligenda bona defuncti will issue to MAUREEN MURUNGA, HALIMA ACHANDO MURUNGA AND HALIMA NEKOYE valid for 3 months.
The Administrators appointed under ((b) above will submit monthly reports on their dealings with the estate of the deceased, effective 15 th December 2025 and thereafter on the 15 th of each successive month.
The widows of the deceased namely, Zainab Haji Omar, Catherine Nabwala Muldte Okumu and Rose Polyne Nyambura will jointly apply for grant of letters of administration within 45 days.
Mention before the Deputy Registrar on 12 January 2026 to take directions on the Caveat lodged herein in accordance with rule 15(9) of the Probate and Administration rules.
Mention before Court on the 21 st January 2026 to confirm compliance (filing of returns by the Administrators on the grant of letters of administration ad colligenda bona defuncti
On account of the relationship between the parties there shall be no order as to costs .
Leave to appeal is granted, any party exercising their right of appeal to do so within 30 days.
SIGNED, DATED AND DELIVERED VIRTUALLY IN NAIROBI ON 14 th DAY OF NOVEMBER, 2025.
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BACKGROUND
The deceased herein died intestate on the 30 th September 2025. From the filings on record he was polygamous at the time of his death. This ruling relates to Chamber Summons application dated 12 th May 2025 and Petition for Grant of Administration Ad Colligenda Bona dated 6 th May 2025. The Court had referred the matter to Court Annexed Mediation in the hope that the family would agree on administrators. From the record it appears that efforts to do so have been unsuccessful.
The Application dated 12 th May 2025 is presented under Section 3,47 and 66 of the Law of Succession Act and Rules 7 and 73 of the Probate and Administration Rules. The prayers sought are-
Spent
Spent
Upon hearing and determination of this application, this Honourable Court be pleased to strike out the undated Petition for letters of administration intestate as filed by the Respondents in this matter.
This Honourable Court be pleased to give directions on who between the applicant and the respondents herein should Petition for grant of letters of administration in respect of the Estate of the deceased.
This Honourable Court be pleased to give any such further orders/ directions as it may deem fit and just in the circumstances.
The costs of this application be provided for.
The application is supported by the applicant sworn on 12 th May 2025. She is a widow of the deceased she objects to the Petition for Grant of Letters of Administration Intestate by the respondents as she ranks in priority to them and they have lodged the Petition absent the consent of beneficiaries of the estate.
The 3 rd Respondent has filed an affidavit in opposition sworn on 25 th September 2025. She avers that applicant is ill suited to be appointed administrator on account of various acts that amount to intermeddling and sets out a chronology of events and court battles from the Kadhi’s Court in Kibera, the Magistrate’s Court at Kimilili and the High Court in Bungoma.
This application was canvassed via written submissions. The Applicant’s submissions are dated 26 th September 2025. The sole issue framed for determination is whether the application dated 12 th May 2025 is merited and whether the orders sought should issue.
The applicant submits that the application is not opposed. It would appear that at the time she filed her submissions, she had not sighted the respondent’s response. Reference is made to decision in Gulleid v Registrat of Persons & Another ( Petition E007 of 2021) [2021] KEHC 110 (KLR) to urge the Court to find that the facts are admitted.
It is urged that the applicant as a spouse ranks in priority and reference made to the decisions in Gichuku Samwel v Abida Kina Njagi & 5 Others [2020] eKLR and re Estate of Charles Shatsala Ikunza ( Deceased) [2021] eKLR on the interpretation and application of Section 66 of the Law of Succession Act.
The applicant urges that the Court be persuaded by the decisions in Re Estate of Bernard Mwangi Wanjohi (Deceased) [2023] KEHC 23491 (KLR) and Re Estate of Mathenge Gichobi ( Deceased) [2022] eKLR on the fate of a Petition that does not comply with the requirement to secure the consents of beneficiaries who rank in priority or equal to the Petitioners.
The Respondent did not file submissions.
The Petitioners herein urge that the Court grant letters of administration ad colligenda bona in light of the continued intermeddling with the estate. The have singled out the applicant in the summons dated 12 th May 2025 as one of the inter meddlers.
ANALYSIS AND DETERMINATION
The issues for determination are-
Whether the Application dated 12 th May 2025 is merited
Whether grant of letters of administration ad colligenda bona should issue
What if any are the consequential orders the Court to preserve the Estate?
Who should pay costs herein
The application dated 12 th May 2025 is presented under Section 3, 47 and 66 of the Law of Succession Act, along with rules 7 and 73 of the Probate and Administration Rules. Section 3 is the definitional section of the Act. The Applicant has not drawn my attention to the relevant definitions under Section 3.
Section 47 of the Act and Rule 73 of the rules safeguard the inherent power of the probate Court to make orders that are expedient, necessary for the ends of justice and prevent an abuse of the Court. Finally rule 7 sets out the provisions to guide applicants presenting petitions for grant of letters of administration- a checklist.
The applicant submits that since the application is not opposed it should be allowed as prayed. This cannot be right as the Court has a duty to ensure that orders are made that are provided for under the law.
In the instant case the applicant is seeking to prevent a party from applying for letters of administration. There is a Petition before Court presented by the respondents which is yet to be gazetted. The question I asked myself therefore is whether the applicant has the locus standi to present the application. As matters stand no grant has issued in respect to this Estate. The facts of this case are almost on all fours with those on Edema & 2 others v Edema & 5 others (Miscellaneous Succession Cause E001 of 2022) [2022] KEHC 9960 (KLR) (6 July 2022) (Ruling) in which the Applicant sought orders against the Respondents for intermeddling. As in the instant case the applicants in that case presented the application in the absence of Letters of Administration. On the question of locus standi , the Court cited with approval the decision in Alfred Njau v City Council of Nairobi (1983) KLR 625 where the Court of Appeal stated-
locus standi literally means a place of standing and refers to the right to appear or herd[sic] in court proceedings and to say that a person has no locus standi means that he/she has no right to appear or be heard in such and such proceedings.
The Court further referred to the decision of Dulu J. in Re Estate of Geoffrey Meitamei Lonina (Deceased) [2012] eKLR where the Court stated -
Indeed, under Section 45(1) and (2) of the Law of Succession Act (Cap 160) this Court has powers to protect the assets of a deceased person. However, in my view only an administrator or an interested party in an existing administration cause, can apply for protection of the deceased’s assets. In the present matter, no application for letters of administration has been filed under Sections 51, 53 or 54 of the Law of Succession Act. Therefore, in my view, the provisions of Section 45 of the Act cannot be brought into play by the applicant. She has no legal standing in law to bring the present application. On that account, I find that the application is misconceived.
I am persuaded by the reasoning in the above cited authorities and would find that the application is incompetent for having been filed before a grant of letters of administration was obtained.
I go further and observe that the applicant is seeking to ‘freeze’ a Petition for grant of letters of letters of administration. This is unknown under the law. The law only provides for objection to the making of the grant under Section 68 of the Law of Succession Act upon notice issuing that an application has been lodged under Section 67 of the Law of Succession Act. The procedure to be followed is set out under rule 17 of the probate and administration rules.
67. Notice of application for grant
(1) No grant of representation, other than a limited grant for collection and preservation of assets, shall be made until there has been published notice of the application for such grant, inviting objections thereto to be made known to the court within a specified period of not less than thirty days from the date of publication, and the period so specified has expired.
(2) A notice under subsection (1) shall be exhibited conspicuously in the court-house, and also published in such other manner as the court directs.
68. Objections to application
(1) Notice of any objection to an application for a grant of representation shall be lodged with the court, in such form as may be prescribed, within the period specified by such notice as aforesaid, or such longer period as the court may allow.
(2) Where notice of objection has been lodged under subsection (1), the court shall give notice to the objector to file an answer to the application and a cross application within a specified period.
I am persuaded by the decision of the Court in In Re Estate of Quintus Ekessa – Deceased [2021] eKLR where the court held that as the pre-requisite gazette notice had not been issued, the objector therein had no basis for filing an objection and that in doing so, the same was premature, incompetent and improper before that court as the procedure prescribed in Sections 67, 68 and 69 of the Law of Succession Act was not complied with.
From the Petition filed by the Respondents on 6 th May 2025, it is submitted that the deceased died intestate and leaves a vast estate. The Beneficiaries of his estate are enumerated as-
Zainab Haji Omar- Wife
Catherine Nabwala Muldte Okumu Wife
Rose Polyne Nyambura Wife
Harriet Murunga Daughter
Brian Murunga Son
Maureen Murunga Daughter
Angela Murunga Daughter
Mildred Murunga Daughter
Halima Nekoye Murunga Daughter
Suleiman Murunga Junior Son
Noah Murunga Son
Halima Wamukoya Murunga Daughter
Halima Achando Murunga Daughter
Farhan Murunga Son
Since the first appearance in Court, there has been contestation between the applicants and the respondents as to who is best placed to take out letters of administration. The Law of Succession Act, vests on the probate court the mandate to ensure that the estate of a deceased whether testate or intestate is administered and transmitted without delay. An estate can never be in limbo and even where there is contestation on administration as in the instant case, the Court is charged with the responsibility of preserving the estate. This is where the Court is vested with the powers under Section 47 of the Act and rule 73 of the Probate of administration rules and this is the import of Rule 36 of the Probate and Administration Rules, which provides inter alia -
36. Grant ad colligenda bona under s. 67 of the Act
(1) Where, owing to special circumstances the urgency of the matter is so great that it would not be possible for the court to make a full grant of representation to the person who would by law be entitled thereto in sufficient time to meet the necessities of the case, any person may apply to the court for the making of a grant of administration ad colligenda bona defuncti of the estate of the deceased.
(2)Every such grant shall be in Form 47 and be expressly limited for the purpose only of collecting and getting in and receiving the estate and doing such acts as may be necessary for the preservation of the estate and until a further grant is made….
I am satisfied that even as we move towards issuing grant of letters of administration with respect to this estate there is need to preserve the estate. In the circumstances I will as prayed by the Petitioners allow the Petition dated 6 th May 2025 and issue grant of letters of administration ad colligenda bona defuncti for the estate of SULEIMAN MURUNGA KASUTI (Deceased) jointly to MAUREEN MURUNGA, HALIMA ACHANDO MURUNGA AND HALIMA NEKOYE. The said grant limited solely to the collection, receipt and preservation of the estate and to undertake any actions necessary for its safeguarding limited for a period of 3 months to allow for Petitioning of the full grant in respect of the estate. The Administrators will submit to Court monthly reports on their dealings with the estate of the deceased. The first report shall fall due on 15 th December 2025 and the 15 th date of the subsequent months.
On the Administration of the Estate, Section 66 of the Law of Succession Act guides on the preference to be given to certain persons to administer where deceased died intestate-
66. Preference to be given to certain persons to administer where deceased died intestate
When a deceased has died intestate, the court shall, save as otherwise expressly provided, have a final discretion as to the person or persons to whom a grant of letters of administration shall, in the best interests of all concerned, be made, but shall, without prejudice to that discretion, accept as a general guide the following order of preference—
(a)surviving spouse or spouses, with or without association of other beneficiaries;
(b)other beneficiaries entitled on intestacy, with priority according to their respective beneficial interests as provided by Part V;
(c)the Public Trustee; and
(d)creditors:
Provided that, where there is partial intestacy, letters of administration in respect of the intestate estate shall be granted to any executor or executors who prove the will.
The deceased is survived by 3 widows, Zainab Haji Omar, Catherine Nabwala Muldte Okumu and Rose Polyne Nyambura. I direct that the 3 widows will proceed and jointly petition for grant of letters of administration within 45 days from the date hereof. I take note of the Caveat Lodged by Brian Sitati Kisabuli Murunga on 6 th October 2025. I direct that upon the lodging of the Petition by the 3 widows as directed the matter will be mentioned before the Deputy Registrar on 12 th January 2026 for directions to issue in accordance with Rule 15 (9) of the Probate and Administration Rules.
The final orders are as follows
The Chamber Summons dated 12 th May 2025 is struck out for being incompetent and premature.
Grant of Letters of Administration ad colligenda bona defuncti will issue to MAUREEN MURUNGA, HALIMA ACHANDO MURUNGA AND HALIMA NEKOYE valid for 3 months.
The Administrators appointed under ((b) above will submit monthly reports on their dealings with the estate of the deceased, effective 15 th December 2025 and thereafter on the 15 th of each successive month.
The widows of the deceased namely, Zainab Haji Omar, Catherine Nabwala Muldte Okumu and Rose Polyne Nyambura will jointly apply for grant of letters of administration within 45 days.
Mention before the Deputy Registrar on 12 January 2026 to take directions on the Caveat lodged herein in accordance with rule 15(9) of the Probate and Administration rules.
Mention before Court on the 21 st January 2026 to confirm compliance (filing of returns by the Administrators on the grant of letters of administration ad colligenda bona defuncti
On account of the relationship between the parties there shall be no order as to costs .
Leave to appeal is granted, any party exercising their right of appeal to do so within 30 days.
SIGNED, DATED AND DELIVERED VIRTUALLY IN NAIROBI ON 14 th DAY OF NOVEMBER, 2025.
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