1. Vide an application dated 17th July, 2025, the Administrators of Estate of Bethuel Kimotho Maruru (Deceased) have made an application seeking mainly one prayer; that the Honourable court be pleased to grant the Applicants herein, the consent and /or authority to sell and transfer all that property known as Title Number Ngong/Ngong/95986 and further, the court directs the Land Registrar to register the transfer of the said Title Number Ngong/Ngong/95986 as per the transfer that shall be presented at the Land Registry.
2. The application is based on the grounds set out on the body of the application, as well as in the supportive affidavit by the Administrators, to wit, Elizabeth Reson Patita and Elizabeth Wanjiku Maruru. The grounds can be summarized as follows:
• Pursuant to the confirmation of the certificate of Grant on 4th December, 2023, the Estate herein was distributed to all the beneficiaries.
• The children of the deceased are RWM born on 9th May, 2008 and SPM born on 8th June, 2012 as per the birth certificates attached.
• The subject property herein was one of those properties enlisted in the certificate of Confirmation of Grant wherein the Administrators hold in trust for the minors and on their behalf.
• The Administrators are not in any meaningful employment and the only source of income was rental buildings constructed by the deceased but which were razed down in an inferno in December 2024.
• The Administrators have exhausted their savings and are now in dire need of finances to cater for the family basic needs like education of the children, medication, school fees, food and clothing.
• The Administrators have identified a buyer who proposes to them to secure a consent from court for the purposes of the transaction and since they are Trustees, consent of court is mandatory before the property is sold.
3. It worth to note that the two Administrators are the same beneficiaries holding trust for the minors herein and as such, there is no protest in this file. Additionally, I note that the subject matter herein is one of the assets of the deceased captured in the Certificate of confirmation of Grant.
4. The law is clear. Section 37 of the Law of Succession Act provides that a surviving spouse entitled to a life interest under the provisions of Section 35 or 36, with the consent of all co-trustees and all children of full age, or with the consent of the court, may during the period of the life interest, sell any of the property subject to that interest if it is necessary for his own maintenance; Provided that, in the case of immovable property, the exercise of that power shall always be subject to the consent of the court.
5. The wife to the deceased is aged 72 years old. She is hypertensive and constantly require medication and hospital visits. The minors, too, require school fees, food clothing and medication. I believe these are basic needs of the minors and in the circumstances, withholding the Consent, the court will violate and or jeopardize the children best interest under Article 53(2) of the Constitution.
6. Consequently, consent and or authority is granted to the Administrators to sell Title Number Ngong/Ngong/95986 for the purposes set out in the supporting affidavit. Accounts to be filed in court.
Delivered in court virtually this 9th June, 2026 in the presence of the Administrators and Brian- Court Assistant.
2. The application is based on the grounds set out on the body of the application, as well as in the supportive affidavit by the Administrators, to wit, Elizabeth Reson Patita and Elizabeth Wanjiku Maruru. The grounds can be summarized as follows:
• Pursuant to the confirmation of the certificate of Grant on 4th December, 2023, the Estate herein was distributed to all the beneficiaries.
• The children of the deceased are RWM born on 9th May, 2008 and SPM born on 8th June, 2012 as per the birth certificates attached.
• The subject property herein was one of those properties enlisted in the certificate of Confirmation of Grant wherein the Administrators hold in trust for the minors and on their behalf.
• The Administrators are not in any meaningful employment and the only source of income was rental buildings constructed by the deceased but which were razed down in an inferno in December 2024.
• The Administrators have exhausted their savings and are now in dire need of finances to cater for the family basic needs like education of the children, medication, school fees, food and clothing.
• The Administrators have identified a buyer who proposes to them to secure a consent from court for the purposes of the transaction and since they are Trustees, consent of court is mandatory before the property is sold.
3. It worth to note that the two Administrators are the same beneficiaries holding trust for the minors herein and as such, there is no protest in this file. Additionally, I note that the subject matter herein is one of the assets of the deceased captured in the Certificate of confirmation of Grant.
4. The law is clear. Section 37 of the Law of Succession Act provides that a surviving spouse entitled to a life interest under the provisions of Section 35 or 36, with the consent of all co-trustees and all children of full age, or with the consent of the court, may during the period of the life interest, sell any of the property subject to that interest if it is necessary for his own maintenance; Provided that, in the case of immovable property, the exercise of that power shall always be subject to the consent of the court.
5. The wife to the deceased is aged 72 years old. She is hypertensive and constantly require medication and hospital visits. The minors, too, require school fees, food clothing and medication. I believe these are basic needs of the minors and in the circumstances, withholding the Consent, the court will violate and or jeopardize the children best interest under Article 53(2) of the Constitution.
6. Consequently, consent and or authority is granted to the Administrators to sell Title Number Ngong/Ngong/95986 for the purposes set out in the supporting affidavit. Accounts to be filed in court.
Delivered in court virtually this 9th June, 2026 in the presence of the Administrators and Brian- Court Assistant.