1. On 17 th May, 2017, the Probate Court admitted Samuel Njongoro Njihia as a creditor to the estate of Julius Gathemia Kihara. The court recognized his debt as a liability of the estate and directed the administrator to pay him from the estate’s assets.
2. The creditor filed an application dated 2 nd September, 2025 in which he asserted that the amount of Kshs. 2,000,000/- that was to be paid was not paid, and therefore the administrator should be compelled to make payment as well as pay interest on the amount from 2021 to date.
3. The payment of the amount was tied to the creditor withdrawing the caveat that he had registered over the estate’s asset. The creditor had met his part of the bargain.
4. The administrator thereafter made the payment after the application had been served upon them, thereby compromising the application, save for an issue of interest that the creditor maintained should be paid. The issue of interest is what is now before this court.
5. The creditor maintained that, since the administrator was at fault, the administrator should be compelled to pay the interest. The administrator, on the other hand, argued that the court had already pronounced itself on the issue of interest and that, therefore, the matter should be marked as settled.
6. I have examined the record, indeed the administrator did not comply until they were prompted with the present application.
7. The record also indicates that on 23 rd September, 2019, the probate court allowed an application for review dated 18 th December, 2018, and determined that the amount would not attract interest.
8. That ruling resolves the interest issue, confirming that no interest is due.
9. As I conclude, I note that the applicant failed to comply with the orders of the court directing payment until after the application was filed and served. In light of this non-compliance, it is appropriate to award the costs of the application to the creditor. I assess these costs at Kshs. 20,000/-.
10. Orders accordingly.
DATED, DELIVERED and SIGNED at NAIROBI this 29th day of APRIL, 2026.
HON C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
No attendance for the Parties
2. The creditor filed an application dated 2 nd September, 2025 in which he asserted that the amount of Kshs. 2,000,000/- that was to be paid was not paid, and therefore the administrator should be compelled to make payment as well as pay interest on the amount from 2021 to date.
3. The payment of the amount was tied to the creditor withdrawing the caveat that he had registered over the estate’s asset. The creditor had met his part of the bargain.
4. The administrator thereafter made the payment after the application had been served upon them, thereby compromising the application, save for an issue of interest that the creditor maintained should be paid. The issue of interest is what is now before this court.
5. The creditor maintained that, since the administrator was at fault, the administrator should be compelled to pay the interest. The administrator, on the other hand, argued that the court had already pronounced itself on the issue of interest and that, therefore, the matter should be marked as settled.
6. I have examined the record, indeed the administrator did not comply until they were prompted with the present application.
7. The record also indicates that on 23 rd September, 2019, the probate court allowed an application for review dated 18 th December, 2018, and determined that the amount would not attract interest.
8. That ruling resolves the interest issue, confirming that no interest is due.
9. As I conclude, I note that the applicant failed to comply with the orders of the court directing payment until after the application was filed and served. In light of this non-compliance, it is appropriate to award the costs of the application to the creditor. I assess these costs at Kshs. 20,000/-.
10. Orders accordingly.
DATED, DELIVERED and SIGNED at NAIROBI this 29th day of APRIL, 2026.
HON C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
No attendance for the Parties