DIRECTIONS
1. Zachary Mumbo Mosoti died intestate in Nairobi on 10th December, 2021. He appears to have been a polygamous man and is survived by the Petitioner and the Objector herein, both of whom have described themselves as his wives, together with their respective children, who are the deceased’s dependants.
2. The Petitioner petitioned this Court for the issuance of letters of administration in respect of the deceased’s estate. In her petition, she listed the deceased’s dependants as herself and her two adult sons. Upon realising that the Petitioner had petitioned the Court for a grant of letters of administration in respect of the deceased’s estate, the Objector objected to the same by an application dated 20th March, 2023, contending that she was the deceased’s wife and, therefore, had an equal right to apply for a grant of administration of the deceased’s estate.
3. The Court considered the application and, by a ruling dated 27th June, 2024, directed the Petitioner and the Objector to proceed with the gazettement of the petition cause and ordered that both be appointed as administrators of the deceased’s estate. The Objector was also allowed to continue residing in and occupying their matrimonial home, among other orders. The Court further noted that both the Petitioner and the Objector had filed, as exhibits, copies of their respective marriage certificates to the deceased, which certificates were certified as true copies of the originals. The Court stated that the legality of both certificates would be ascertained during the substantive hearing of the proceedings.
4. The Petitioner filed another application dated 6th March, 2025, seeking, inter alia, orders to set aside the Court’s orders issued on 8th July, 2024, on the ground of discovery of new evidence. The Honourable Judge considered the said application and found that it lacked merit. Consequently, the application was dismissed, with each party bearing its own costs.
5. The Petitioner filed the instant application dated 8th June, 2026, seeking, inter alia, an order staying the implementation of the orders issued on 27th June, 2024, directing that both the Petitioner and the Objector proceed to gazette the instant succession cause. The application is premised, inter alia, on the ground that there exists a dispute concerning the beneficiaries and dependants of the estate, which dispute will directly affect the administration and distribution of the deceased’s estate.
Analysis and Direction
6. I have read and considered the instant application, the response thereto and the rival submissions made by the parties. The gist of the application is to stay the implementation of the orders issued on 27th June, 2024, essentially to stay the gazettement of this succession cause pending the hearing and determination of the instant application, so as to enable the parties to settle the issue of the beneficiaries.
7. The issue of determination of the beneficiaries was addressed by the Honourable Justice Chemitei at paragraph 22 of his ruling dated 27th June, 2024, where he held that the issue of the authenticity of the parties’ marriage certificates, which I must add is the nexus between the respective parties and the deceased, shall be tested during the substantive hearing of this cause. Any attempt to set aside the said order would amount to this Court sitting on appeal over an order issued by this very Court. Consequently, I direct that the parties proceed to jointly gazette these succession proceedings as ordered on 27th June, 2024.
8. The upshot is that the Petitioner’s application dated 8th June, 2026 is dismissed with costs to the objector. The parties to proceed to gazettement of this cause within 30 days from the date hereof as directed on 27th June, 2024.
Orders accordingly.
Right of appeal 28 days.
Dated, signed and delivered via TEAMS at Nairobi this 18th day of September 2026.
………..................................
Hon. R. A. Oganyo, Mrs.
JUDGE
In the presence of:
Mr. Kilonzo h/b for Danstun Omari and Martina Swiga………………………………………… for the petitioner/ Applicant
Miss Bonyo………………………………… for the Objector/ Respondents
Miss Amwamba h/b for Mutunga…………. for Beneficiary/Applicant
E, Sana………………………………………….……. Court Assistant
1. Zachary Mumbo Mosoti died intestate in Nairobi on 10th December, 2021. He appears to have been a polygamous man and is survived by the Petitioner and the Objector herein, both of whom have described themselves as his wives, together with their respective children, who are the deceased’s dependants.
2. The Petitioner petitioned this Court for the issuance of letters of administration in respect of the deceased’s estate. In her petition, she listed the deceased’s dependants as herself and her two adult sons. Upon realising that the Petitioner had petitioned the Court for a grant of letters of administration in respect of the deceased’s estate, the Objector objected to the same by an application dated 20th March, 2023, contending that she was the deceased’s wife and, therefore, had an equal right to apply for a grant of administration of the deceased’s estate.
3. The Court considered the application and, by a ruling dated 27th June, 2024, directed the Petitioner and the Objector to proceed with the gazettement of the petition cause and ordered that both be appointed as administrators of the deceased’s estate. The Objector was also allowed to continue residing in and occupying their matrimonial home, among other orders. The Court further noted that both the Petitioner and the Objector had filed, as exhibits, copies of their respective marriage certificates to the deceased, which certificates were certified as true copies of the originals. The Court stated that the legality of both certificates would be ascertained during the substantive hearing of the proceedings.
4. The Petitioner filed another application dated 6th March, 2025, seeking, inter alia, orders to set aside the Court’s orders issued on 8th July, 2024, on the ground of discovery of new evidence. The Honourable Judge considered the said application and found that it lacked merit. Consequently, the application was dismissed, with each party bearing its own costs.
5. The Petitioner filed the instant application dated 8th June, 2026, seeking, inter alia, an order staying the implementation of the orders issued on 27th June, 2024, directing that both the Petitioner and the Objector proceed to gazette the instant succession cause. The application is premised, inter alia, on the ground that there exists a dispute concerning the beneficiaries and dependants of the estate, which dispute will directly affect the administration and distribution of the deceased’s estate.
Analysis and Direction
6. I have read and considered the instant application, the response thereto and the rival submissions made by the parties. The gist of the application is to stay the implementation of the orders issued on 27th June, 2024, essentially to stay the gazettement of this succession cause pending the hearing and determination of the instant application, so as to enable the parties to settle the issue of the beneficiaries.
7. The issue of determination of the beneficiaries was addressed by the Honourable Justice Chemitei at paragraph 22 of his ruling dated 27th June, 2024, where he held that the issue of the authenticity of the parties’ marriage certificates, which I must add is the nexus between the respective parties and the deceased, shall be tested during the substantive hearing of this cause. Any attempt to set aside the said order would amount to this Court sitting on appeal over an order issued by this very Court. Consequently, I direct that the parties proceed to jointly gazette these succession proceedings as ordered on 27th June, 2024.
8. The upshot is that the Petitioner’s application dated 8th June, 2026 is dismissed with costs to the objector. The parties to proceed to gazettement of this cause within 30 days from the date hereof as directed on 27th June, 2024.
Orders accordingly.
Right of appeal 28 days.
Dated, signed and delivered via TEAMS at Nairobi this 18th day of September 2026.
………..................................
Hon. R. A. Oganyo, Mrs.
JUDGE
In the presence of:
Mr. Kilonzo h/b for Danstun Omari and Martina Swiga………………………………………… for the petitioner/ Applicant
Miss Bonyo………………………………… for the Objector/ Respondents
Miss Amwamba h/b for Mutunga…………. for Beneficiary/Applicant
E, Sana………………………………………….……. Court Assistant