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1. This matter has been in court since 2014. On 18th October, 2024 this Court confirmed the grant and a Certificate of Confirmation of Grant was issued.
2. The 2nd administrator filed an application dated 3rd December, 2024 to set aside the orders but failed to pursue it, leading to its dismissal for lack of prosecution on 10th February, 2025. They indicated that they filed another application dated 13th February, 2025 which was also not pursued after the first administrator raised concerns about the representation, as the notice of appointment referenced had not been filed in the e-filing platform.
3. The Court is currently considering an application dated 8th October, 2025 filed by the 1st administrator. The application seeks an order for the Deputy Registrar of the Court to sign the transfer documents for the distribution of the property L.R. Kabete/Lower Kabete/96, which is the sole property of the estate.
4. An affidavit of service has been filed, and the respondent has not submitted any response despite being served.
5. I have reviewed the application, the supporting affidavit, and the record. The 1st administrator has accused the 2nd administrator of delaying the process. It is in the interest of justice that the administrators promptly conclude the distribution of the estate following the confirmation of the grant, which authorizes them to distribute the assets. Additionally, the beneficiaries are elderly, which should be taken into consideration.
6. I find that this is an appropriate case to exercise the powers conferred upon this court by Section 47 of the Law of Succession Act and Rule 73 of the Probate and Administration Rules.
7. Disposition;
i. An order is hereby issued for the Deputy Registrar to execute all the appropriate and necessary documents to effect the subdivision, transfer and transmission of the property L.R. Kabete/Lower Kabete/96 to the beneficiaries.
ii. All beneficiaries are to share the subdivision and incidental costs.
iii. To maintain law and order, the OCS of King’eero Police Station in Lower Kabete Sub-County is directed to provide security as necessary when the subdivision or incidental activities take place.
iv. There is no order as to the costs on this application.
It is so ordered.
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1. This matter has been in court since 2014. On 18th October, 2024 this Court confirmed the grant and a Certificate of Confirmation of Grant was issued.
2. The 2nd administrator filed an application dated 3rd December, 2024 to set aside the orders but failed to pursue it, leading to its dismissal for lack of prosecution on 10th February, 2025. They indicated that they filed another application dated 13th February, 2025 which was also not pursued after the first administrator raised concerns about the representation, as the notice of appointment referenced had not been filed in the e-filing platform.
3. The Court is currently considering an application dated 8th October, 2025 filed by the 1st administrator. The application seeks an order for the Deputy Registrar of the Court to sign the transfer documents for the distribution of the property L.R. Kabete/Lower Kabete/96, which is the sole property of the estate.
4. An affidavit of service has been filed, and the respondent has not submitted any response despite being served.
5. I have reviewed the application, the supporting affidavit, and the record. The 1st administrator has accused the 2nd administrator of delaying the process. It is in the interest of justice that the administrators promptly conclude the distribution of the estate following the confirmation of the grant, which authorizes them to distribute the assets. Additionally, the beneficiaries are elderly, which should be taken into consideration.
6. I find that this is an appropriate case to exercise the powers conferred upon this court by Section 47 of the Law of Succession Act and Rule 73 of the Probate and Administration Rules.
7. Disposition;
i. An order is hereby issued for the Deputy Registrar to execute all the appropriate and necessary documents to effect the subdivision, transfer and transmission of the property L.R. Kabete/Lower Kabete/96 to the beneficiaries.
ii. All beneficiaries are to share the subdivision and incidental costs.
iii. To maintain law and order, the OCS of King’eero Police Station in Lower Kabete Sub-County is directed to provide security as necessary when the subdivision or incidental activities take place.
iv. There is no order as to the costs on this application.
It is so ordered.
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