In re Estate John Kariuki Kamanu (Deceased) [2020] KEHC 10151 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

FAMILY DIVISION

SUCCESSION CAUSE NO. 1291 OF 2018

IN THE MATTER OF THE ESTATE OF JOHN KARIUKI KAMANU(DECEASED)

JANE NJERI KARIUKI)

IRENE WANJIKU KARANJA)................................APPLICANTS

R U L I N G

1. The application before court dated 3rd October 2019 and brought pursuant to Section 71of the Law ofSuccession Act and Rule 40(1) of Probate and Administration Rules is seeking to have the grant of probate issued to Jane Njeri Kariuki and Irene Wanjiku Karanja confirmed and properties distributed in line with a deed of family arrangement dated 29th May, 2019.

2. The deed of family arrangements does vary the legacies.  The court however notes that the deed of family arrangements has been signed by all the beneficiaries named in the will.  Secondly as if to fortify the wish of the beneficiaries a consent was filed in court dated 3rd October, 2019.

3. Consequently, the grant of probate is hereby confirmed based on the deed of family arrangement dated 29th May, 2019.

DATED, SIGNEDandDELIVEREDat NAIROBI this 1ST DAY OF OCTOBER, 2020.

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ALI-ARONI

JUDGE