1. Through Chamber Summons application dated 8 th January, 2026, the Applicant seeks orders thus;
1) Spent.
2) That a limited grant of letters of administration Ad-litem of the Estate of Eunice Watetu Mathenge who died on the 19 th June, 2025 be issued to the Applicant Jane Nyaruai Mathenge to give her locus standi to sue and prosecute a case on behalf of the children of the deceased who are of tender age as their maternal grandmother in their best interest and for the benefit of the estate of the deceased.
3) That the costs of this application be in the cause.
2. The application is premised on grounds that the Applicant/Petitioner is the mother of the deceased who died on 19 th June, 2025 but the local administration has declined to issue her with an introduction letter with respect to the Estate of the deceased who left behind two (2) children of tender years aged 7 years and 3 years, respectively.
3. That the Applicant requires the limited grant of letters of administration Ad-litem to give her locus standi to prosecute a suit on behalf of the estate of the deceased in the interest of the children.
4. It was the submission of counsel for the Applicant/Petitioner that the chief declined to issue an introduction letter to the Petitioner in respect of her daughter, the deceased, for the purpose of enabling her to defend any suit arising because there are issues about custody the children who were left behind by the deceased. That the minors have been in custody of the mother despite having a biological father. And, abrupt removal of the children may cause them trauma since they narrate issues of domestic violence between the deceased and their father hence it shall be in the interest of the children that their grandmother be granted a limited grant.
5. John Gichuki the father of the minors, objects to the application.
6. I have considered the application and the response by the surviving parent of the minors. What is apparent is the fact of the Applicant, a maternal grandparent of the minors is concerned hence in need of taking control and custody of the minors.
7. Section 54 of the Law of Succession Act provides thus;
A court may, according to the circumstances of each case, limit any grant of representation which it has jurisdiction to make, in any of the forms described in the Fifth Schedule to this Act.
8. The 5 th Schedule, paragraph 14 provides thus;
14. Administration limited to suit
When it is necessary that the representative of a deceased person be made a party to a pending suit, and the executor or person entitled to administration is unable or unwilling to act, letters of administration may be granted to the nominee of a party in such suit, limited for the purpose of representing the deceased in the said suit, or in any other cause or suit which may be commenced in the same or in any other court between the parties, or any other parties, touching the matters at issue in the cause or suit, and until a final decree shall be made therein, and carried into complete execution.
9. A grant Ad-litem is granted to enable an applicant to have authority to collect, secure and preserve the deceased’s assets. In the instant case the deceased is indicated to have left nil assets and nil liabilities. Additionally, the holder of the letters of administration Ad-litem would be enabled to defend or carry on a suit on behalf of the estate of the deceased with no power to distribute it. Ideally the letter of administration sought by the Applicant identifies heirs in a succession cause.
10. Clearly, what the Applicant intends to do is to seek for custody of the minors. Apparently, there is a biological surviving parent who is considered unfit to have custody of the children. The Applicant being a maternal grandparent cannot seek for an introduction letter and/or petition for letters of administration Ad-litem to sue for child custody for the plea falls under the Children Act’s and not Probate and Administration (Succession Matter). The Applicant may file a child custody case direct to the children’s court and/or seek legal guardianship under the Children’s Act .
11. In the premises the instant petition fails and is accordingly struck out.
12. It is so ordered.
HC SUCC E001 OF 2026 (RUL.) Page 2 of 2
1) Spent.
2) That a limited grant of letters of administration Ad-litem of the Estate of Eunice Watetu Mathenge who died on the 19 th June, 2025 be issued to the Applicant Jane Nyaruai Mathenge to give her locus standi to sue and prosecute a case on behalf of the children of the deceased who are of tender age as their maternal grandmother in their best interest and for the benefit of the estate of the deceased.
3) That the costs of this application be in the cause.
2. The application is premised on grounds that the Applicant/Petitioner is the mother of the deceased who died on 19 th June, 2025 but the local administration has declined to issue her with an introduction letter with respect to the Estate of the deceased who left behind two (2) children of tender years aged 7 years and 3 years, respectively.
3. That the Applicant requires the limited grant of letters of administration Ad-litem to give her locus standi to prosecute a suit on behalf of the estate of the deceased in the interest of the children.
4. It was the submission of counsel for the Applicant/Petitioner that the chief declined to issue an introduction letter to the Petitioner in respect of her daughter, the deceased, for the purpose of enabling her to defend any suit arising because there are issues about custody the children who were left behind by the deceased. That the minors have been in custody of the mother despite having a biological father. And, abrupt removal of the children may cause them trauma since they narrate issues of domestic violence between the deceased and their father hence it shall be in the interest of the children that their grandmother be granted a limited grant.
5. John Gichuki the father of the minors, objects to the application.
6. I have considered the application and the response by the surviving parent of the minors. What is apparent is the fact of the Applicant, a maternal grandparent of the minors is concerned hence in need of taking control and custody of the minors.
7. Section 54 of the Law of Succession Act provides thus;
A court may, according to the circumstances of each case, limit any grant of representation which it has jurisdiction to make, in any of the forms described in the Fifth Schedule to this Act.
8. The 5 th Schedule, paragraph 14 provides thus;
14. Administration limited to suit
When it is necessary that the representative of a deceased person be made a party to a pending suit, and the executor or person entitled to administration is unable or unwilling to act, letters of administration may be granted to the nominee of a party in such suit, limited for the purpose of representing the deceased in the said suit, or in any other cause or suit which may be commenced in the same or in any other court between the parties, or any other parties, touching the matters at issue in the cause or suit, and until a final decree shall be made therein, and carried into complete execution.
9. A grant Ad-litem is granted to enable an applicant to have authority to collect, secure and preserve the deceased’s assets. In the instant case the deceased is indicated to have left nil assets and nil liabilities. Additionally, the holder of the letters of administration Ad-litem would be enabled to defend or carry on a suit on behalf of the estate of the deceased with no power to distribute it. Ideally the letter of administration sought by the Applicant identifies heirs in a succession cause.
10. Clearly, what the Applicant intends to do is to seek for custody of the minors. Apparently, there is a biological surviving parent who is considered unfit to have custody of the children. The Applicant being a maternal grandparent cannot seek for an introduction letter and/or petition for letters of administration Ad-litem to sue for child custody for the plea falls under the Children Act’s and not Probate and Administration (Succession Matter). The Applicant may file a child custody case direct to the children’s court and/or seek legal guardianship under the Children’s Act .
11. In the premises the instant petition fails and is accordingly struck out.
12. It is so ordered.
HC SUCC E001 OF 2026 (RUL.) Page 2 of 2