In re Estate of Webo Wasike Mayungu (Deceased) (Succession Cause 19 of 2020) [2026] KEHC 734 (KLR) (29 January 2026) (Judgment)
- Court
- High Court of Kenya
- Case number
- 734
- Citation
- [2026] KEHC 734 (KLR)
- Decided
- 29 January 2026
The court declined to confirm the grant and directed the administrators to file a joint mode of distribution that includes all beneficiaries and assets, and provides a clear and reasoned explanation for the proposed allocations.
Facts
The deceased, Webo Wasike Mayungu, was a polygamous man with two wives and children from both houses. The estate was contested by the deceased's second family, who claimed the deceased's eldest son, Donald Mukones Webo, excluded them from the succession process.
Issues
- Whether the grant of letters of administration was obtained through fraudulent means.
- Whether the proposed mode of distribution was fair and equitable.
Reasoning
The court found material gaps and irregularities in the initial grant and proposed mode of distribution, and held that the mode of distribution was not joint or consultative.
Outcome
The grant of letters of administration was not confirmed, and the administrators were directed to file a joint mode of distribution.
Orders
- Directs the administrators to file a joint mode of distribution within 60 days.
- Requires the joint mode of distribution to include all beneficiaries and assets, and provide a clear and reasoned explanation for proposed allocations.
Remedies
- The grant of letters of administration is held in abeyance pending compliance with the above directions.
Authorities cited
Cases cited (2)
- Mary Rono v Jane Rono & another [2005] KECA 326 (KLR)
- Estate of M’Marete M’Nthiga (Deceased) [2004] eKLR
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