In re Estate of Arthur Ng'ang'a Njuguna Ndoro (Deceased) [2025] KEHC 676 (KLR)

In re Estate of Arthur Ng'ang'a Njuguna Ndoro (Deceased) (Succession Cause 819 of 2015) [2025] KEHC 676 (KLR) (31 January 2025) (Directions)

Neutral citation: [2025] KEHC 676 (KLR)

Republic of Kenya

In the High Court at Nakuru

Succession Cause 819 of 2015

HI Ong'udi, J

January 31, 2025

IN THE MATTER OF THE ESTATE OF ARTHUR NG’ANGA NJUGUNA NDORO(DECEASED)

Between

Joyce Mbaire Ndoro

Administrator

and

Phyllis Muthomi Ng'ang'a

1st Protestor

Rahab Muthoni Juma

2nd Protestor

Directions

1. The ruling to be delivered is in respect of four (4) applications. They are the chamber summons dated 21st January 2020, 13th July 2021, 31st January 2022 and 18th January, 2023.

2. This court having perused the said applications and supporting documents notes that they are all intertwined and should therefore be determined together. The application dated 21st January 2020 seeks for confirmation of grant however, the court notes that the parties did not avail all the necessary documentation relating to the estate of the deceased. The said estate is up for distribution and it is the duty of the parties herein to avail all the necessary information to enable the court distribute the estate in a fair and just manner.

3. The proposed lists of distribution by the parties herein are full of discrepancies since some properties in the 1st protestor’s list are not in that of the administrator. Further, there are accounts listed therein and liabilities but no proof of their status was availed to this court. The letter availed by the administrator indicating the money owed by the estate is not sufficient proof. The principal purpose of confirmation of grant is distribution of the assets. This court has to ensure that all the liabilities are taken care of even as it distributes the estate to the beneficiaries.

4. For the reasons stated above this court makes the following orders;i.That the parties file proof of all the properties forming the estate.ii.That the parties file current certified bank statements for the ALL accounts listed in the proposed lists for distribution.iii.That the administrator files proof of all liabilities to the estate.iv.That the administrator files the exact value of the trees complained about.v.That the above directions be complied with within forty-five (45) days.vi.Mention on March 20, 2025 to confirm compliance.vii.Orders accordingly.

DELIVERED VIRTUALLY, DATED AND SIGNED THIS 31ST DAY OF JANUARY, 2025 IN OPEN COURT AT NAKURU.H.I ONG’UDIJUDGE