In re Estate of Francis Waita Mbaki (Deceased) (Succession Cause 92 of 1997) [2025] KEHC 14305 (KLR) (9 October 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 14305
- Citation
- [2025] KEHC 14305 (KLR)
- Decided
- 9 October 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSuccession CausePostureAppeal from original trialCoramG MUTAI
Holding
The court appointed Evans Kibuchi Waita as the fourth administrator and ordered a new grant to be issued to Stephen Mbaki Waita, Lucy Msigo Waita, Mary Waruguru Waita, and Evans Kibuchi Waita. Stephen Mbaki Waita was ordered to provide an account of his dealings with the estate.
Facts
The estate of Francis Waita Mbaki was being wasted due to the lack of appointed administrators. The applicant sought to appoint new administrators, while others sought to be appointed as well.
Issues
- Appointment of new administrators
- Accounting of estate by Stephen Mbaki Waita
Reasoning
The court appointed a new administrator to avoid further acrimony and promote inclusivity. The accounts of Stephen Mbaki Waita were ordered to be provided within 30 days.
Outcome
Appeal allowed
Orders
- Appointment of Evans Kibuchi Waita as the fourth administrator
- New grant issued to Stephen Mbaki Waita, Lucy Msigo Waita, Mary Waruguru Waita, and Evans Kibuchi Waita
- Stephen Mbaki Waita to provide an account of his dealings with the estate within 30 days
Remedies
- Appointment of new administrators
- Accounting of estate
Authorities cited
Cases cited (4)
- In re Estate of Georey Robin Mkimbo (deceased)
- In re Estate of Elijah Kaseke Makau (Deceased)
- In the Matter of the estate of Veronica Njoki Wakagoto (Deceased)
- In re Estate of Hellen Wangari Wathiai (deceased)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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