1. The deceased, Moses Nguyo Ngamia, died on 19 th October, 2022 following injuries sustained in a road traffic accident that occurred on the same date.
2. Yvonne Kasyoka Munywoki applied for a Grant Ad Litem limited to filing a suit and the same was issued on 20 th February, 2023.
3. Thereafter, Philes Anoda and Brian Ngamia Luyo filed an application dated 25 th April, 2024 seeking to revoke the said limited grant on the ground that Yvonne failed to obtain their consent to the filing, even though they had equal priority with her.
4. The application was unopposed despite service and the same was allowed. The Grant A d Litem was revoked on 17 th September, 2024.
5. The matter was next reactivated following an application dated 25 th September, 2025 that sought to reopen the matter. The cause was reinstated, and what is before the Court presently for determination is the Petition for Grant A d Litem dated 6 th November, 2024 filed by Philes and Brian.
6. As per the Chief’s letter dated 30 th January 2023, the relationship of the parties to the estate is that Philes (1 st Applicant) and Yvonne (Respondent) are the deceased’s wives, while Brian (2 nd Applicant) is the deceased’s son and Philes’s son.
7. In their submissions, the Applicants argue that they should be issued with fresh Letters of Administration Ad Litem for the purpose of filing the compensation suit. They argue that, unlike theRrespondent, they have disclosed all family members and filed the application openly, without concealment, unlike the Respondent’s petition, which was unilateral.
8. The Respondent, on the other hand, asked the Court to reinstate the revoked grant and dismiss the petition seeking a fresh grant. The Respondent argues that she had presented a claim, that an invoice had been duly issued, and that the Applicant’s interference has caused unnecessary delay and led to the suit abating.
9. I have reviewed the petition, the supporting affidavit, the replying affidavit, and the submissions from the parties. The Grant Ad Litem issued on 20 th February, 2023 was revoked. The reason for the revocation was that the petitioner filed the petition unilaterally, without involving all family members, including Philes, the other wife of the deceased, who has equal priority with her. The issue for determination is therefore whether the Applicants should now be granted Letters of Administration Ad Litem to pursue the compensation claim.
10. It is essential for the estate to have representation in order to pursue the compensation claim.
11. In succession matters, it is crucial to notify everyone who needs to participate and to obtain their consent when applying for a grant, even if it is a limited grant. Involving all parties helps avoid delays and potential protracted disputes. This is what has befallen this matter, and the suit is now caught by the limitation of actions.
12. The Limitation of Actions Act, Cap 22 of the Laws of Kenya establishes specific timeframes within which a party must file a suit. This legislation also outlines the circumstances under which the Court may grant leave to file a claim after the statutory period has expired. However, that is not the subject of consideration in this particular instance.
13. The Court recognizes the urgency and importance of the letters to enable the parties pursue the compensation claim. The dependants in this case are about 13; the chief’s letter and the affidavits from the involved parties indicate that Philes and Yvonne are the surviving widows. Considering the facts before me, I deem it fitting to issue the Letters of Administration Ad Litem to these two surviving widows. This will empower them to pursue the compensation claim on behalf of the estate. They should make regular disclosure of the status of the suit, and any proceeds arising therefrom are considered a collective benefit of the estate.
14. The Ad Litem Grant issued above is limited to pursuing the compensation claim and is valid for a period of 3 years.
15. Each party shall bear its own costs.
16. Upon issuance of the limited grant, the cause shall be marked as closed. However, the parties retain the right to move the Court as may be necessary and may also file for the full grant of the estate within the same matter. Should such actions be taken, the file will be reopened to consider the new filings.
17. It is so ordered.
DATED, DELIVERED and SIGNED at NAIROBI through the Microsoft Teams Online Platform on this 05 th day of FEBRUARY, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
Ms Kamau Advocate, holding brief for Kibiku Advocate for Applicants
Ms Nyambura Advocate for Respondent
2. Yvonne Kasyoka Munywoki applied for a Grant Ad Litem limited to filing a suit and the same was issued on 20 th February, 2023.
3. Thereafter, Philes Anoda and Brian Ngamia Luyo filed an application dated 25 th April, 2024 seeking to revoke the said limited grant on the ground that Yvonne failed to obtain their consent to the filing, even though they had equal priority with her.
4. The application was unopposed despite service and the same was allowed. The Grant A d Litem was revoked on 17 th September, 2024.
5. The matter was next reactivated following an application dated 25 th September, 2025 that sought to reopen the matter. The cause was reinstated, and what is before the Court presently for determination is the Petition for Grant A d Litem dated 6 th November, 2024 filed by Philes and Brian.
6. As per the Chief’s letter dated 30 th January 2023, the relationship of the parties to the estate is that Philes (1 st Applicant) and Yvonne (Respondent) are the deceased’s wives, while Brian (2 nd Applicant) is the deceased’s son and Philes’s son.
7. In their submissions, the Applicants argue that they should be issued with fresh Letters of Administration Ad Litem for the purpose of filing the compensation suit. They argue that, unlike theRrespondent, they have disclosed all family members and filed the application openly, without concealment, unlike the Respondent’s petition, which was unilateral.
8. The Respondent, on the other hand, asked the Court to reinstate the revoked grant and dismiss the petition seeking a fresh grant. The Respondent argues that she had presented a claim, that an invoice had been duly issued, and that the Applicant’s interference has caused unnecessary delay and led to the suit abating.
9. I have reviewed the petition, the supporting affidavit, the replying affidavit, and the submissions from the parties. The Grant Ad Litem issued on 20 th February, 2023 was revoked. The reason for the revocation was that the petitioner filed the petition unilaterally, without involving all family members, including Philes, the other wife of the deceased, who has equal priority with her. The issue for determination is therefore whether the Applicants should now be granted Letters of Administration Ad Litem to pursue the compensation claim.
10. It is essential for the estate to have representation in order to pursue the compensation claim.
11. In succession matters, it is crucial to notify everyone who needs to participate and to obtain their consent when applying for a grant, even if it is a limited grant. Involving all parties helps avoid delays and potential protracted disputes. This is what has befallen this matter, and the suit is now caught by the limitation of actions.
12. The Limitation of Actions Act, Cap 22 of the Laws of Kenya establishes specific timeframes within which a party must file a suit. This legislation also outlines the circumstances under which the Court may grant leave to file a claim after the statutory period has expired. However, that is not the subject of consideration in this particular instance.
13. The Court recognizes the urgency and importance of the letters to enable the parties pursue the compensation claim. The dependants in this case are about 13; the chief’s letter and the affidavits from the involved parties indicate that Philes and Yvonne are the surviving widows. Considering the facts before me, I deem it fitting to issue the Letters of Administration Ad Litem to these two surviving widows. This will empower them to pursue the compensation claim on behalf of the estate. They should make regular disclosure of the status of the suit, and any proceeds arising therefrom are considered a collective benefit of the estate.
14. The Ad Litem Grant issued above is limited to pursuing the compensation claim and is valid for a period of 3 years.
15. Each party shall bear its own costs.
16. Upon issuance of the limited grant, the cause shall be marked as closed. However, the parties retain the right to move the Court as may be necessary and may also file for the full grant of the estate within the same matter. Should such actions be taken, the file will be reopened to consider the new filings.
17. It is so ordered.
DATED, DELIVERED and SIGNED at NAIROBI through the Microsoft Teams Online Platform on this 05 th day of FEBRUARY, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
Ms Kamau Advocate, holding brief for Kibiku Advocate for Applicants
Ms Nyambura Advocate for Respondent