1. The applicant and the respondent are the administrators of the estate of the deceased. The grant was issued to them on 1st August 2022 by the Hon. DO Mbeja. The grant was confirmed on 15th February 2023. According to the latter document, Subdivision No. 218 (Original Number 179/21) IV Mainland North was to be owned in the ratio of 45:55 by the applicant on the one hand and by the respondent and her siblings on the other hand.
2. The understanding of the Applicant is that this meant the property was to be sold and the proceeds shared in the said ratio. On the other hand, the respondent is of the view that the proposed sale would be unjust as the property in question would be sold at gross under value.
3. The application was canvassed through written submissions, which I have considered. I will not repeat them here.
4. Personal representatives are responsible for managing a deceased person’s estate, collecting the assets, settling debts, and distributing the property to the beneficiaries within the timeline set out in section 83 of the Law of Succession Act. Section 83(g) of the said Act is categorical that:
“Within 6 months from the date of confirmation of the grant, or such longer period as the court may allow, to complete the administration of the estate, in respect of all matters other than continuing trusts, and to produce to the court a full and accurate account of the completed administration.”
5. The obligation under Section 83(a) is so serious that where there is default, after due notice has been given, in diligent administration of the estate, or in production of the report required under Section 83 (g) of the Law of Succession Act, the court may either on its own motion, or upon an application of any interested party, revoke the grant.
6. There is no doubt that there hasn’t been diligent administration of the estate in this cause. The Respondent appears to be uninterested in the conclusion of the administration of the estate and sees her role as managing and taking care of the property, as evidenced by her assertion that:
“I take care of the suit property, and if I am evicted, the suit property will waste away, which is the intention of the applicant to depreciate the value of the property.”
7. As an administrator, she is in a fiduciary position and must act in the best interest of all beneficiaries. In the case of Albert Imbuga Kisigwa v Recho Kavai Kisigwa [2016] KEHC 1528 (KLR), EC Mwita, J, as he then was, stated that:
“Duties of an administrator are enumerated at section 83 of the Act, and one of the duties is to complete administration of the deceased’s estate within six months from the date of confirmation of the grant.”
8. It is clear to me that the respondent's actions are not intended to complete the administration of the estate of the decedent in the foreseeable future. By obstructing the subdivision, the respondent is in breach of her fiduciary duties. The house belongs to the beneficiaries in the ratio established by the Court below and must devolve to them without further delay.
9. Although the matter was determined by the court below, I note that under Section 47 of the Laws of Succession Act and Rule 73 of the Probate and Administration Rules, this court has the power to issue such orders as are necessary in the interest of justice. In this case, I am persuaded that it would be in the interest of justice for this court to issue orders.
10. In the circumstances of this case, the orders that commend themselves to me are:
i Subdivision No. 218 (Original No. 179/21) IV Mainland North, be valued by the Government valuer; Kilifi County, within 60 days from the date hereof;
ii Upon valuation as above, the property shall be sold by public auction within 30 days thereafter; and
iii If the Respondent is unable or unwilling to sign the transfer document, upon conclusion of the sale as above, then the transfer shall be signed by the Deputy Registrar of this court.
11. The administrators are directed to complete the Administration of the estate, in respect of the remaining assets, within 6 months of the date hereof and to file the requisite report under Section 83(g) of the Law of Succession Act. In the event of default, the grant issued by the subordinate court will stand revoked, and then a new grant will issue to the Public Trustee. Since this is a succession cause between family members, each party shall bear his or her own costs of the application.
12. It is so ordered.
Dated and signed in Nairobi, this 7th day of May 2026. Delivered virtually through Microsoft TEAMS.
2. The understanding of the Applicant is that this meant the property was to be sold and the proceeds shared in the said ratio. On the other hand, the respondent is of the view that the proposed sale would be unjust as the property in question would be sold at gross under value.
3. The application was canvassed through written submissions, which I have considered. I will not repeat them here.
4. Personal representatives are responsible for managing a deceased person’s estate, collecting the assets, settling debts, and distributing the property to the beneficiaries within the timeline set out in section 83 of the Law of Succession Act. Section 83(g) of the said Act is categorical that:
“Within 6 months from the date of confirmation of the grant, or such longer period as the court may allow, to complete the administration of the estate, in respect of all matters other than continuing trusts, and to produce to the court a full and accurate account of the completed administration.”
5. The obligation under Section 83(a) is so serious that where there is default, after due notice has been given, in diligent administration of the estate, or in production of the report required under Section 83 (g) of the Law of Succession Act, the court may either on its own motion, or upon an application of any interested party, revoke the grant.
6. There is no doubt that there hasn’t been diligent administration of the estate in this cause. The Respondent appears to be uninterested in the conclusion of the administration of the estate and sees her role as managing and taking care of the property, as evidenced by her assertion that:
“I take care of the suit property, and if I am evicted, the suit property will waste away, which is the intention of the applicant to depreciate the value of the property.”
7. As an administrator, she is in a fiduciary position and must act in the best interest of all beneficiaries. In the case of Albert Imbuga Kisigwa v Recho Kavai Kisigwa [2016] KEHC 1528 (KLR), EC Mwita, J, as he then was, stated that:
“Duties of an administrator are enumerated at section 83 of the Act, and one of the duties is to complete administration of the deceased’s estate within six months from the date of confirmation of the grant.”
8. It is clear to me that the respondent's actions are not intended to complete the administration of the estate of the decedent in the foreseeable future. By obstructing the subdivision, the respondent is in breach of her fiduciary duties. The house belongs to the beneficiaries in the ratio established by the Court below and must devolve to them without further delay.
9. Although the matter was determined by the court below, I note that under Section 47 of the Laws of Succession Act and Rule 73 of the Probate and Administration Rules, this court has the power to issue such orders as are necessary in the interest of justice. In this case, I am persuaded that it would be in the interest of justice for this court to issue orders.
10. In the circumstances of this case, the orders that commend themselves to me are:
i Subdivision No. 218 (Original No. 179/21) IV Mainland North, be valued by the Government valuer; Kilifi County, within 60 days from the date hereof;
ii Upon valuation as above, the property shall be sold by public auction within 30 days thereafter; and
iii If the Respondent is unable or unwilling to sign the transfer document, upon conclusion of the sale as above, then the transfer shall be signed by the Deputy Registrar of this court.
11. The administrators are directed to complete the Administration of the estate, in respect of the remaining assets, within 6 months of the date hereof and to file the requisite report under Section 83(g) of the Law of Succession Act. In the event of default, the grant issued by the subordinate court will stand revoked, and then a new grant will issue to the Public Trustee. Since this is a succession cause between family members, each party shall bear his or her own costs of the application.
12. It is so ordered.
Dated and signed in Nairobi, this 7th day of May 2026. Delivered virtually through Microsoft TEAMS.