R EPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
SUCCESSION CAUSE NO 151 OF 2017
(RE: ESTATE OF PATRICK MUINDI MUSAU (Deceased)
ANNE MUNYIVA MUSEMBI ………………………………….APPLICANT
RULING
1. According to the petition before me Patrick Muindi Musau died on 24/8/2008 in Botswana.
2. He hailed from Kathiani Location as per the letter from the chief dated 7/1/2011.
3. A grant of letter of Administration of Letters Intestate was issued on 18/5/2011 in Machakos Succession Cause no. 37/2011 to Benjamin Mwangangi Musau .
4. The matter was transferred to Makueni by order dated 20 th February 2017 upon the establishment of the High Court at Makueni. Upon transfer of the matter - there was no action and on 26/7/2018, the Hon. Justice C. Kariuki dismissed the matter for want of prosecution
5. As application was filed to revoke the grant dated 15 th September 2025. The respondent wa served and did not show up . The grant was revoked.
6. A summons dated 15/10/2025 was filed seeking the appointment of Anne Munyiva Musembi, the mother to the deceased as the Administrator.
7. A fresh grant was made to Anne Munyiva Musembi on 20/11/2025.
8. Another summons was filed dated 5/12/2025 seeking orders:
1) THAT this Application be certified as extremely urgent and be heard ex-parte in the first instance.
2) THAT this Honorable Court be pleased to amend the Petition for Letters Administration dated on 19 January, 2011 to include 1/2 share of Land Parcel KJD/KAPUTIEI-NORTH/3868, 1/2 share of Land Parcel KJD/KAPUTIEI- NORTH/3867, 1/2 share of Land Parcel KJD/KAPUTIEI-NORTH/3873 and share of Land Parcel KJD/KAPUTIEI-NORTH/3872 in the list of assets of estate.
3) THAT the grant of letters of administration intestate of the estate of the named PATRICK MUINDI MUSAU issued on 20.11.2025 to ANNE MUNYIVA MUSEMBI be confirmed before the expiry of Six months from the date of grant.
4) THAT the costs of this application be borne out of the estate.
9. The application is supported by the affidavit of the applicant where she depones that the complete list of properties owned by the deceased is as follows:
a) 1/2 share of Land Parcel KJD/KAPUTIEI-NORTH/3868
b) 1/2 share of Land Parcel KJD/KAPUTIEI-NORTH/3867
c) 1/2 share of Land Parcel KJD/KAPUTIEI-NORTH/3873
d) 1/2 share of Land Parcel KJD/KAPUTIEI-NORTH/3872
e) Bank Account at Standard Chartered Bank Limited at Gaborone Botswana
10. She depones that she is dependent on the estate for treatment hence the request for the summons for confirmation of grant to be issued before the expiry of 6 months.
11. I have carefully considered the summons. The issue is whether the application has merit.
12. On the amendment of the grant to include the new properties, I have seen the searches that support the fact that the deceased owned ½ shares of those properties.
13. On the confirmation of the grant before the expiry of 6 months ,I have however not seen any evidence to support the averment that the administrator is sick/sickly. I however noted that she is an elderly lady
14. That said, section 71(1) of the Law of Succession Act states;
(1)After the expiration of a period of six months, or such shorter period as the court may direct under subsection (3), from the date of any grant of representation, the holder thereof shall apply to the court for confirmation of the grant in order to empower the distribution of any capital assets.
15. S. 71 (3) gives the court the discretion to confirm the grant before the expiry of 6months thus:
(3) The court may, on the application of the holder of a grant of representation, direct that such grant be confirmed before the expiration of six months from the date of the grant if it is satisfied
(a) that there is no dependant, as defined by section 29, of the deceased or that the only dependants are of full age and consent to the application;
(b) that it would be expedient in all the circumstances of the case so to direct.
16. In this case the mother of the deceased is the sole beneficiary of his estate; There are no dependants to the estate – as the deceased’s minor son, and his wife died in the same accident. There are no other dependents.
17. The assets of the deceased were registered in the joint names of herself and the deceased.
18. In the circumstances – the application is merited as under s. 71(3) of the LOSA and is allowed in terms of prayer 2 on its face, and paragraph 6 of the supporting affidavit. And prayer 3 is also allowed.
a. The Petition for Letters Administration dated on 19 January, 2011 be and is hereby amended in the form P&A5 to include ½ share of Land Parcel KJD/KAPUTIEI-NORTH/3868, ½ share of Land Parcel KJD/KAPUTIEI- NORTH/3867, ½ share of Land Parcel KJD/KAPUTIEI-NORTH/3873 and share of Land Parcel KJD/KAPUTIEI-NORTH/3872 in the list of assets of estate
b. The grant of letters of administration intestate of the estate of the PATRICK MUINDI MUSAU issued on 20.11.2025 to ANNE MUNYIVA MUSEMBI be and is hereby confirmed .
c. A certificate of confirmation of grant do issue with the administrator as the sole beneficiary of the following assets
i. 1/2 share of Land Parcel KJD/KAPUTIEI-NORTH/3868
ii. 1/2 share of Land Parcel KJD/KAPUTIEI-NORTH/3867
iii. 1/2 share of Land Parcel KJD/KAPUTIEI-NORTH/3873
iv. 1/2 share of Land Parcel KJD/KAPUTIEI-NORTH/3872
v. Bank Account at Standard Chartered Bank Limited at Gaborone Botswana
19. There are no orders as to costs
20. Orders accordingly.
Dated, signed and delivered virtually this 10 th February 2026
Hon. Mumbua T. Matheka
Judge
Present
Court Assistant – Mwiwa/Daniel
Mr. Musyimi for the Administrator
Accused -
Counsel for the Accused -
Ruling Succession Cause No. 151 of 2017 Page 2 of 2
IN THE HIGH COURT OF KENYA AT MAKUENI
SUCCESSION CAUSE NO 151 OF 2017
(RE: ESTATE OF PATRICK MUINDI MUSAU (Deceased)
ANNE MUNYIVA MUSEMBI ………………………………….APPLICANT
RULING
1. According to the petition before me Patrick Muindi Musau died on 24/8/2008 in Botswana.
2. He hailed from Kathiani Location as per the letter from the chief dated 7/1/2011.
3. A grant of letter of Administration of Letters Intestate was issued on 18/5/2011 in Machakos Succession Cause no. 37/2011 to Benjamin Mwangangi Musau .
4. The matter was transferred to Makueni by order dated 20 th February 2017 upon the establishment of the High Court at Makueni. Upon transfer of the matter - there was no action and on 26/7/2018, the Hon. Justice C. Kariuki dismissed the matter for want of prosecution
5. As application was filed to revoke the grant dated 15 th September 2025. The respondent wa served and did not show up . The grant was revoked.
6. A summons dated 15/10/2025 was filed seeking the appointment of Anne Munyiva Musembi, the mother to the deceased as the Administrator.
7. A fresh grant was made to Anne Munyiva Musembi on 20/11/2025.
8. Another summons was filed dated 5/12/2025 seeking orders:
1) THAT this Application be certified as extremely urgent and be heard ex-parte in the first instance.
2) THAT this Honorable Court be pleased to amend the Petition for Letters Administration dated on 19 January, 2011 to include 1/2 share of Land Parcel KJD/KAPUTIEI-NORTH/3868, 1/2 share of Land Parcel KJD/KAPUTIEI- NORTH/3867, 1/2 share of Land Parcel KJD/KAPUTIEI-NORTH/3873 and share of Land Parcel KJD/KAPUTIEI-NORTH/3872 in the list of assets of estate.
3) THAT the grant of letters of administration intestate of the estate of the named PATRICK MUINDI MUSAU issued on 20.11.2025 to ANNE MUNYIVA MUSEMBI be confirmed before the expiry of Six months from the date of grant.
4) THAT the costs of this application be borne out of the estate.
9. The application is supported by the affidavit of the applicant where she depones that the complete list of properties owned by the deceased is as follows:
a) 1/2 share of Land Parcel KJD/KAPUTIEI-NORTH/3868
b) 1/2 share of Land Parcel KJD/KAPUTIEI-NORTH/3867
c) 1/2 share of Land Parcel KJD/KAPUTIEI-NORTH/3873
d) 1/2 share of Land Parcel KJD/KAPUTIEI-NORTH/3872
e) Bank Account at Standard Chartered Bank Limited at Gaborone Botswana
10. She depones that she is dependent on the estate for treatment hence the request for the summons for confirmation of grant to be issued before the expiry of 6 months.
11. I have carefully considered the summons. The issue is whether the application has merit.
12. On the amendment of the grant to include the new properties, I have seen the searches that support the fact that the deceased owned ½ shares of those properties.
13. On the confirmation of the grant before the expiry of 6 months ,I have however not seen any evidence to support the averment that the administrator is sick/sickly. I however noted that she is an elderly lady
14. That said, section 71(1) of the Law of Succession Act states;
(1)After the expiration of a period of six months, or such shorter period as the court may direct under subsection (3), from the date of any grant of representation, the holder thereof shall apply to the court for confirmation of the grant in order to empower the distribution of any capital assets.
15. S. 71 (3) gives the court the discretion to confirm the grant before the expiry of 6months thus:
(3) The court may, on the application of the holder of a grant of representation, direct that such grant be confirmed before the expiration of six months from the date of the grant if it is satisfied
(a) that there is no dependant, as defined by section 29, of the deceased or that the only dependants are of full age and consent to the application;
(b) that it would be expedient in all the circumstances of the case so to direct.
16. In this case the mother of the deceased is the sole beneficiary of his estate; There are no dependants to the estate – as the deceased’s minor son, and his wife died in the same accident. There are no other dependents.
17. The assets of the deceased were registered in the joint names of herself and the deceased.
18. In the circumstances – the application is merited as under s. 71(3) of the LOSA and is allowed in terms of prayer 2 on its face, and paragraph 6 of the supporting affidavit. And prayer 3 is also allowed.
a. The Petition for Letters Administration dated on 19 January, 2011 be and is hereby amended in the form P&A5 to include ½ share of Land Parcel KJD/KAPUTIEI-NORTH/3868, ½ share of Land Parcel KJD/KAPUTIEI- NORTH/3867, ½ share of Land Parcel KJD/KAPUTIEI-NORTH/3873 and share of Land Parcel KJD/KAPUTIEI-NORTH/3872 in the list of assets of estate
b. The grant of letters of administration intestate of the estate of the PATRICK MUINDI MUSAU issued on 20.11.2025 to ANNE MUNYIVA MUSEMBI be and is hereby confirmed .
c. A certificate of confirmation of grant do issue with the administrator as the sole beneficiary of the following assets
i. 1/2 share of Land Parcel KJD/KAPUTIEI-NORTH/3868
ii. 1/2 share of Land Parcel KJD/KAPUTIEI-NORTH/3867
iii. 1/2 share of Land Parcel KJD/KAPUTIEI-NORTH/3873
iv. 1/2 share of Land Parcel KJD/KAPUTIEI-NORTH/3872
v. Bank Account at Standard Chartered Bank Limited at Gaborone Botswana
19. There are no orders as to costs
20. Orders accordingly.
Dated, signed and delivered virtually this 10 th February 2026
Hon. Mumbua T. Matheka
Judge
Present
Court Assistant – Mwiwa/Daniel
Mr. Musyimi for the Administrator
Accused -
Counsel for the Accused -
Ruling Succession Cause No. 151 of 2017 Page 2 of 2