In re Estate of William Mathendu Kinama (Deceased) (Succession Cause 49 of 2016) [2025] KEMC 278 (KLR) (13 November 2025) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 278
- Citation
- [2025] KEMC 278 (KLR)
- Decided
- 13 November 2025
The court dismissed the summons for conrmation of grant and ordered the administrators to work together to address the omitted assets.
Facts
The deceased, William Mathendu Kinama, owned a parcel of land at Plot No. 29 Kyuasini Market. He left behind a widow and nine children. The 1st Administrator petitioned for Letters of Administration intestate and the grant was confirmed. The 1st Administrator applied for conrmation of the grant, but the 1st and 2nd protestors objected to the distribution of the estate.
Issues
- Addition of the deceased’s other assets allegedly left out; and
- Distribution of the estate of the deceased.
Reasoning
The court found that the only property listed in the petition was Plot No. 29 Kyuasini Market. The court ruled that inclusion of omitted properties cannot be done simultaneously with distribution and must be properly invoked.
Outcome
The summons for conrmation of grant was dismissed.
Orders
- The summons for conrmation of grant dated 21/6/2018 is hereby dismissed.
- The administrators, although adversaries, to move the court appropriately with regard to the asset(s) omitted from the petition and grant. They should nd a way of working together.
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