1. This ruling concerns the Notice of Motion dated 02nd March 2026 brought by Margaret Kerubo Onchari and Nemwel Keoro Ariaga, the Applicants against the Respondent, Rose Moruri Ariaga, in the course of the administration of the estate of the late Samson Onyoni Ariaga, who died on 23rd November 2023.
2. The application is expressed to be brought under Sections 45, 47 and 83(g) of the Law of Succession Act, Rules 25(5), 63(1) and 73 of the Probate and Administration Rules, and Order 40 Rules 1, 2, 3 and 4 of the Civil Procedure Rules. The application is therefore grounded on the prohibition against intermeddling, the supervisory jurisdiction of the Court in succession matters, and the statutory obligation imposed upon administrators to account for their dealings with estate property.
3. The Notice of Motion seeks the following orders in respect of Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela):
1) That pending the hearing and determination of the application, this Honourable Court be pleased to issue a temporary injunction restraining the Respondent, her agents, specifically including but not limited to Sopeo Kenya Enterprises Limited, her servants, assignees, or any person acting under her instructions from unilaterally collecting rent, alienating, or in any way intermeddling with the income arising from Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela).
2) That this Honourable Court be pleased to issue a mandatory order directing all tenants occupying Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) to forthwith deposit their monthly rental obligations directly into a joint deposit interest-earning account to be opened, held and controlled by designated representatives of both the 1st and 2nd households, namely Margaret Kerubo Onchari and Rose Moruri Ariaga, pending the final distribution of the estate.
3) That in the alternative, and in the event of failure or refusal by the parties to promptly open the said joint account, this Honourable Court be pleased to issue a mandatory order directing all tenants occupying Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) to commence payment of monthly rent directly to the Registrar of the High Court of Kenya pendente lite until further orders of the Court.
4) That as a corollary to prayers 2 and 3 above, the tenants occupying Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) be expressly directed to cease making rental payments to the Respondent, her agents, including Sopeo Kenya Enterprises Limited, or into Paybill Number 792733 or Account Number 01109286515600, so as to prevent further devastavit of the estate.
5) That the Respondent be ordered to produce before this Honourable Court, within fourteen (14) days, a full, accurate and vouched account of all rental income collected from Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) from 23rd November 2023 to date, and to deposit the said sums into the aforementioned joint account and/or in such manner as the Court may direct.
6) That this Honourable Court be pleased to issue an ex parte mandatory order compelling Sopeo Kenya Enterprises Limited to produce and file before the Court within seven (7) days of service of the order a full, complete and unredacted set of all management and financial records relating to Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) for the period between 26th April 2024 to date, including:
i. All monthly rent collection ledgers and statements;
ii. Certified M-PESA statements for Paybill Number 792733;
iii. Copies of all tenancy agreements executed during the said period; and
iv. All remittance receipts, bank transfer schedules or deposit slips showing funds transferred to Account Number 01109286515600 or to any other party.
7) That costs of the application be provided for.
4. The grounds advanced in support of the application are set out both in the body of the Motion and in the supporting affidavits. The Applicants contend that during his lifetime, the deceased developed and managed Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) through a managing agent known as Zinco Kenya Ltd. They assert that following the death of the deceased, the Respondent removed the said agent and, on 26th April 2024, appointed Sopeo Kenya Enterprises Limited, thereafter directing tenants to remit rent through payment channels under her control.
5. The application is supported by several affidavits and documentary exhibits filed by the Applicants, while the Respondent equally filed affidavit evidence and annexures in opposition to the Motion. The Court has considered the affidavits, financial records, correspondence, tenancy records and payment records placed before it in determining the issues arising in the application.
6. The Applicants rely on the Supporting Affidavit of Lilian N. Macharia sworn on 05thFebruary 2026. The deponent describes herself as a tenant and businesswoman operating from Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela). She states that prior to the death of the deceased, rental payments were collected through Zinco Kenya Ltd using M-PESA Paybill Number 902100. She further states that tenants were later instructed through notices and WhatsApp communications to remit rent through Paybill Number 792733 and NCBA accounts allegedly associated with Rose Moruri Ariaga. The affidavit annexes tenant notices, WhatsApp communications, M-PESA statements and payment confirmations.
7. The Applicants additionally rely on the Supplementary Affidavit sworn by Margaret Kerubo Onchari on 28th April 2026. In that affidavit, the deponent responds to the Replying Affidavit of Rose Moruri Ariaga and reiterates allegations that rental income has been redirected through payment channels established without concurrence of all administrators and beneficiaries.
8. The application is opposed through the Replying Affidavit sworn on 30th March 2026 by Rose Moruri Ariaga. The Respondent describes herself as the lawful wife of the deceased and a co-administrator of the estate. She annexes a marriage certificate and letters of administration and maintains that she lawfully assumed management of the property following the death of the deceased.
9. In the same affidavit, Rose Moruri Ariaga disputes the competence and credibility of affidavits sworn by Lilian N. Macharia and Margaret Kerubo Onchari and contends that some of the deponents are strangers to the estate. She also annexes tenant notices, Safaricom M-PESA statements, NCBA bank statements, maintenance receipts, expenditure schedules, utility payment receipts, tenancy records and WhatsApp communications relating to payment, collection and remittance of rental income from Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela). The Respondent relies on those documents in support of her position that rental income received from the property was utilised towards maintenance, operational expenses and management of the property.
10. Having considered the Motion, the affidavits filed by the parties and the annexed documents, the Court is of the view that the following issues arise for determination:
1) Whether the Applicants have established a basis for the grant of preservatory and injunctive orders in respect of rental income arising from Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela).
2) Whether the Court should direct that rental income from Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) be deposited into a joint interest-earning account and, in default, with the Registrar of the Court.
3) Whether the Respondent should be compelled to render accounts and produce records relating to management of Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela).
11. The dispute before the Court concerns the management, control and accountability of rental income arising from Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) (the disputed asset), an income-generating property forming part of the estate of the deceased. While there is no serious contest that the property forms part of the estate, the parties are in sharp disagreement regarding the manner in which rental income generated therefrom has been collected, managed and applied following the death of the deceased.
12. The Applicants contend that rental income has been redirected through payment channels established after the death of the deceased without concurrence of all administrators and beneficiaries, while the Respondent maintains that the management arrangements presently in place were undertaken in furtherance of administration and preservation of the estate.
13. The Applicants’ complaint is that following the death of the deceased, rental income from the disputed asset was redirected through new payment channels and management arrangements established without concurrence of all administrators and beneficiaries, thereby exposing estate income to possible dissipation.
14. The Court has considered the notices issued to tenants, WhatsApp communications, M-PESA statements and banking records annexed to the affidavits filed by the parties. The material presently before the Court demonstrates that rental income continued to be collected after the death of the deceased through payment channels and management arrangements that remain contested by the parties.
15. The Respondent does not deny assuming management of the property after the death of the deceased. Her position is that she acted in her capacity as a lawful spouse and co-administrator of the estate and that the management arrangements presently in place were intended to ensure continued maintenance and preservation of the property.
16. The Court is mindful that administrators hold estate property in a fiduciary capacity for the benefit of all beneficiaries and dependants of the estate. Where disputes arise regarding collection, control and application of rental income generated from estate property, the Court is entitled to intervene for purposes of preservation and accountability pending final determination of the succession cause.
17. The Court has further considered the financial and management records annexed by the Respondent including bank statements, M-PESA records, payment confirmations, maintenance receipts, expenditure documents and tenancy records relating to collection, remittance and utilisation of rental income from the disputed asset. While those documents demonstrate receipt and utilisation of certain monies relating to the property, they do not constitute a complete and reconciled account of rental income collected from all tenants from 23rd November 2023 to date. The records do not clearly demonstrate the total rent received, expenditure incurred, balances retained and the complete flow of funds relating to management of the property.
18. In the circumstances, the Court is satisfied that the Applicants have established sufficient basis for the grant of preservatory and accounting orders. The dispute regarding management and accountability of rental income generated from the disputed asset justifies intervention by the Court in order to safeguard the estate pending further proceedings in the succession cause.
19. Consequently, the Court makes the following orders:
1) A temporary injunction is hereby issued restraining the Respondent, her agents, specifically including but not limited to Sopeo Kenya Enterprises Limited, her servants, assignees, or any person acting under her instructions from unilaterally collecting rent, alienating, or in any way intermeddling with the income arising from Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) pending further orders of the Court.
2) All tenants occupying Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) shall forthwith deposit their monthly rental obligations into a joint deposit interest-earning account to be opened, held and controlled jointly by Margaret Kerubo Onchari and Rose Moruri Ariaga or by duly appointed representatives nominated and consented to by each of them, within thirty (30) days from the date hereof pending the final distribution of the estate.
3) In default of the opening of the joint interest-earning account within the stipulated period, all tenants occupying Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) shall commence payment of monthly rent directly to the Registrar of the High Court of Kenya pending further orders of the Court.
4) As a corollary to orders 2) and 3) above, tenants occupying Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) shall cease making rental payments to the Respondent, her agents, including Sopeo Kenya Enterprises Limited, or into Paybill Number 792733 or Account Number 01109286515600.
5) The Respondent shall, within thirty (30) days, produce before this Court a full, accurate and vouched account of all rental income collected from Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) from 23rd November 2023 to date, including all expenditure, maintenance costs, utility payments, remittances and balances relating thereto, and any balance remaining after such accounting shall be deposited into the joint deposit interest-earning account referred to in order 2 above and, in default of the opening of the said account, to the Registrar of the High Court of Kenya pending further orders of the Court.
6) The Respondent shall, within thirty (30) days, produce before this Court all management and financial records in her possession or control relating to Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) for the period between 26th April 2024 to date, including:
a) All monthly rent collection ledgers and statements;
b) Certified M-PESA statements for Paybill Number 792733;
c) Copies of all tenancy agreements executed during the said period; and
d) All remittance receipts, bank transfer schedules or deposit slips showing funds transferred to Account Number 01109286515600 or to any other party.
7) Costs of the application shall be in the caus e.
20. This matter shall be mentioned on 06th July 2026 for further directions and confirmation of compliance with the orders issued herein.
2. The application is expressed to be brought under Sections 45, 47 and 83(g) of the Law of Succession Act, Rules 25(5), 63(1) and 73 of the Probate and Administration Rules, and Order 40 Rules 1, 2, 3 and 4 of the Civil Procedure Rules. The application is therefore grounded on the prohibition against intermeddling, the supervisory jurisdiction of the Court in succession matters, and the statutory obligation imposed upon administrators to account for their dealings with estate property.
3. The Notice of Motion seeks the following orders in respect of Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela):
1) That pending the hearing and determination of the application, this Honourable Court be pleased to issue a temporary injunction restraining the Respondent, her agents, specifically including but not limited to Sopeo Kenya Enterprises Limited, her servants, assignees, or any person acting under her instructions from unilaterally collecting rent, alienating, or in any way intermeddling with the income arising from Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela).
2) That this Honourable Court be pleased to issue a mandatory order directing all tenants occupying Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) to forthwith deposit their monthly rental obligations directly into a joint deposit interest-earning account to be opened, held and controlled by designated representatives of both the 1st and 2nd households, namely Margaret Kerubo Onchari and Rose Moruri Ariaga, pending the final distribution of the estate.
3) That in the alternative, and in the event of failure or refusal by the parties to promptly open the said joint account, this Honourable Court be pleased to issue a mandatory order directing all tenants occupying Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) to commence payment of monthly rent directly to the Registrar of the High Court of Kenya pendente lite until further orders of the Court.
4) That as a corollary to prayers 2 and 3 above, the tenants occupying Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) be expressly directed to cease making rental payments to the Respondent, her agents, including Sopeo Kenya Enterprises Limited, or into Paybill Number 792733 or Account Number 01109286515600, so as to prevent further devastavit of the estate.
5) That the Respondent be ordered to produce before this Honourable Court, within fourteen (14) days, a full, accurate and vouched account of all rental income collected from Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) from 23rd November 2023 to date, and to deposit the said sums into the aforementioned joint account and/or in such manner as the Court may direct.
6) That this Honourable Court be pleased to issue an ex parte mandatory order compelling Sopeo Kenya Enterprises Limited to produce and file before the Court within seven (7) days of service of the order a full, complete and unredacted set of all management and financial records relating to Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) for the period between 26th April 2024 to date, including:
i. All monthly rent collection ledgers and statements;
ii. Certified M-PESA statements for Paybill Number 792733;
iii. Copies of all tenancy agreements executed during the said period; and
iv. All remittance receipts, bank transfer schedules or deposit slips showing funds transferred to Account Number 01109286515600 or to any other party.
7) That costs of the application be provided for.
4. The grounds advanced in support of the application are set out both in the body of the Motion and in the supporting affidavits. The Applicants contend that during his lifetime, the deceased developed and managed Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) through a managing agent known as Zinco Kenya Ltd. They assert that following the death of the deceased, the Respondent removed the said agent and, on 26th April 2024, appointed Sopeo Kenya Enterprises Limited, thereafter directing tenants to remit rent through payment channels under her control.
5. The application is supported by several affidavits and documentary exhibits filed by the Applicants, while the Respondent equally filed affidavit evidence and annexures in opposition to the Motion. The Court has considered the affidavits, financial records, correspondence, tenancy records and payment records placed before it in determining the issues arising in the application.
6. The Applicants rely on the Supporting Affidavit of Lilian N. Macharia sworn on 05thFebruary 2026. The deponent describes herself as a tenant and businesswoman operating from Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela). She states that prior to the death of the deceased, rental payments were collected through Zinco Kenya Ltd using M-PESA Paybill Number 902100. She further states that tenants were later instructed through notices and WhatsApp communications to remit rent through Paybill Number 792733 and NCBA accounts allegedly associated with Rose Moruri Ariaga. The affidavit annexes tenant notices, WhatsApp communications, M-PESA statements and payment confirmations.
7. The Applicants additionally rely on the Supplementary Affidavit sworn by Margaret Kerubo Onchari on 28th April 2026. In that affidavit, the deponent responds to the Replying Affidavit of Rose Moruri Ariaga and reiterates allegations that rental income has been redirected through payment channels established without concurrence of all administrators and beneficiaries.
8. The application is opposed through the Replying Affidavit sworn on 30th March 2026 by Rose Moruri Ariaga. The Respondent describes herself as the lawful wife of the deceased and a co-administrator of the estate. She annexes a marriage certificate and letters of administration and maintains that she lawfully assumed management of the property following the death of the deceased.
9. In the same affidavit, Rose Moruri Ariaga disputes the competence and credibility of affidavits sworn by Lilian N. Macharia and Margaret Kerubo Onchari and contends that some of the deponents are strangers to the estate. She also annexes tenant notices, Safaricom M-PESA statements, NCBA bank statements, maintenance receipts, expenditure schedules, utility payment receipts, tenancy records and WhatsApp communications relating to payment, collection and remittance of rental income from Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela). The Respondent relies on those documents in support of her position that rental income received from the property was utilised towards maintenance, operational expenses and management of the property.
10. Having considered the Motion, the affidavits filed by the parties and the annexed documents, the Court is of the view that the following issues arise for determination:
1) Whether the Applicants have established a basis for the grant of preservatory and injunctive orders in respect of rental income arising from Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela).
2) Whether the Court should direct that rental income from Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) be deposited into a joint interest-earning account and, in default, with the Registrar of the Court.
3) Whether the Respondent should be compelled to render accounts and produce records relating to management of Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela).
11. The dispute before the Court concerns the management, control and accountability of rental income arising from Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) (the disputed asset), an income-generating property forming part of the estate of the deceased. While there is no serious contest that the property forms part of the estate, the parties are in sharp disagreement regarding the manner in which rental income generated therefrom has been collected, managed and applied following the death of the deceased.
12. The Applicants contend that rental income has been redirected through payment channels established after the death of the deceased without concurrence of all administrators and beneficiaries, while the Respondent maintains that the management arrangements presently in place were undertaken in furtherance of administration and preservation of the estate.
13. The Applicants’ complaint is that following the death of the deceased, rental income from the disputed asset was redirected through new payment channels and management arrangements established without concurrence of all administrators and beneficiaries, thereby exposing estate income to possible dissipation.
14. The Court has considered the notices issued to tenants, WhatsApp communications, M-PESA statements and banking records annexed to the affidavits filed by the parties. The material presently before the Court demonstrates that rental income continued to be collected after the death of the deceased through payment channels and management arrangements that remain contested by the parties.
15. The Respondent does not deny assuming management of the property after the death of the deceased. Her position is that she acted in her capacity as a lawful spouse and co-administrator of the estate and that the management arrangements presently in place were intended to ensure continued maintenance and preservation of the property.
16. The Court is mindful that administrators hold estate property in a fiduciary capacity for the benefit of all beneficiaries and dependants of the estate. Where disputes arise regarding collection, control and application of rental income generated from estate property, the Court is entitled to intervene for purposes of preservation and accountability pending final determination of the succession cause.
17. The Court has further considered the financial and management records annexed by the Respondent including bank statements, M-PESA records, payment confirmations, maintenance receipts, expenditure documents and tenancy records relating to collection, remittance and utilisation of rental income from the disputed asset. While those documents demonstrate receipt and utilisation of certain monies relating to the property, they do not constitute a complete and reconciled account of rental income collected from all tenants from 23rd November 2023 to date. The records do not clearly demonstrate the total rent received, expenditure incurred, balances retained and the complete flow of funds relating to management of the property.
18. In the circumstances, the Court is satisfied that the Applicants have established sufficient basis for the grant of preservatory and accounting orders. The dispute regarding management and accountability of rental income generated from the disputed asset justifies intervention by the Court in order to safeguard the estate pending further proceedings in the succession cause.
19. Consequently, the Court makes the following orders:
1) A temporary injunction is hereby issued restraining the Respondent, her agents, specifically including but not limited to Sopeo Kenya Enterprises Limited, her servants, assignees, or any person acting under her instructions from unilaterally collecting rent, alienating, or in any way intermeddling with the income arising from Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) pending further orders of the Court.
2) All tenants occupying Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) shall forthwith deposit their monthly rental obligations into a joint deposit interest-earning account to be opened, held and controlled jointly by Margaret Kerubo Onchari and Rose Moruri Ariaga or by duly appointed representatives nominated and consented to by each of them, within thirty (30) days from the date hereof pending the final distribution of the estate.
3) In default of the opening of the joint interest-earning account within the stipulated period, all tenants occupying Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) shall commence payment of monthly rent directly to the Registrar of the High Court of Kenya pending further orders of the Court.
4) As a corollary to orders 2) and 3) above, tenants occupying Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) shall cease making rental payments to the Respondent, her agents, including Sopeo Kenya Enterprises Limited, or into Paybill Number 792733 or Account Number 01109286515600.
5) The Respondent shall, within thirty (30) days, produce before this Court a full, accurate and vouched account of all rental income collected from Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) from 23rd November 2023 to date, including all expenditure, maintenance costs, utility payments, remittances and balances relating thereto, and any balance remaining after such accounting shall be deposited into the joint deposit interest-earning account referred to in order 2 above and, in default of the opening of the said account, to the Registrar of the High Court of Kenya pending further orders of the Court.
6) The Respondent shall, within thirty (30) days, produce before this Court all management and financial records in her possession or control relating to Sam’s Place (Plot Number A221 Noonkopir Trading Centre formerly 1083 Business, Kitengela) for the period between 26th April 2024 to date, including:
a) All monthly rent collection ledgers and statements;
b) Certified M-PESA statements for Paybill Number 792733;
c) Copies of all tenancy agreements executed during the said period; and
d) All remittance receipts, bank transfer schedules or deposit slips showing funds transferred to Account Number 01109286515600 or to any other party.
7) Costs of the application shall be in the caus e.
20. This matter shall be mentioned on 06th July 2026 for further directions and confirmation of compliance with the orders issued herein.