In re Estate of Bernard Kariithi Gakuru (Deceased) [2022] KEHC 10011 (KLR)

In re Estate of Bernard Kariithi Gakuru (Deceased) (Succession Cause 383 of 2010) [2022] KEHC 10011 (KLR) (Family) (16 May 2022) (Ruling)

Neutral citation: [2022] KEHC 10011 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 383 of 2010

AO Muchelule, J

May 16, 2022

IN THE MATTER OF THE ESTATE OF BERNARD KARIITHI GAKURU ALIAS KARIITHI GAKURU (DECEASED)

Between

Frank David Gitura Kariithi

Applicant

and

Peter Ngure Kariithi

1st Respondent

Hosea Nderi Kariithi

2nd Respondent

Johnson Gachoki Kariithi

3rd Respondent

Ruling

1. The deceased Bernard Kariithi Gakuru alias Kariithi Gakuru died intestate on March 16, 2006 in Nairobi. He left several children and various properties. His sons Hosea Nderi Kariithi, Johnson Gachoki Kariithi and Frank David Gitura Kariithi on March 2, 2010 petitioned this court for the grant of letters of administration intestate. The grant was issued to them on July 26, 2010. They applied for its confirmation. The grant was confirmed on February 4, 2013, and certificate rectified on September 22, 2014 and August 26, 2019. The estate was distributed following the consent of all the beneficiaries.

2. The applicant Frank David Gitura Kariithi is one of the administrators of the estate. He filed this application dated February 26, 2021 to complain that his siblings Hosea Nderi Kariithi (an administrator), Wilson Kanyi Kariithi, Peter Ngure Kariithi and Rick Nelson Gatimu Kariithi have neglected and/or refused to sign the individual CDS accounts forms to facilitate the custodian of shares to transfer the Barclays Bank and ICDC Centum Shares to the individual beneficiaries. The deceased left Barclays Bank of Kenya shares and ICDC Centum shares which, according to the certificate of confirmation, were supposed to be shared equally to the respective beneficiaries. The result of this refusal, the applicant states, is that he cannot sell the shares to be able to take his two daughters to school.

3. The application was served on all the other administrators and beneficiaries, but it was only Peter Ngure Kariithi who responded by filing a notice of preliminary objection dated April 29, 2021 whose grounds were as follows:-“1. That the application is totally defective and bad in law;

2. That the said application offends Order 51 rule 1, 4 and 13(2) of the Civil Procedure Rules 2010;

3. That the said application fails to disclose any provisions of law whatsoever under which it is premised upon;

4. That the said application fails to disclose any grounds intended to support it

5. That the purported application is manifestly unfounded as the same does not raise any triable issues and/or at all;

6. That the said application amounts to an abuse of the process of the court.”

4. I note that the application was brought in person. The complaint therein is clear. The matters contained in the application have not been answered. The reliance on technicalities to defeat the application cannot be sustained given the provisions of Article 159(2)(d) of the Constitution.

5. What is clear is that since the confirmation of the grant, the estate has not been distributed to the respective beneficiaries. Under section 83(g) of the Law of Succession Act (Cap. 160) the administrators were required to have completed the administration of the estate and produced to the court a full and accurate account of the completed administration. If there was any beneficiary standing in the way of such administration, the administrators were required to complain to the court for appropriate action against such a person. None of these has been done.

6. I direct that, within 60 days, the administrators should file into court a full and accurate account of the completed administration of the estate of the deceased, failing which the court will consider revoking the grant that was issued to them. In the meantime, the Deputy Registrar of this court will sign the individual CDS accounts if within 7 days they are not signed by the respective administrators and/or beneficiaries.

7. I will mention this matter on July 28, 2022 to confirm compliance.

8. I make no order as to costs.

DATED and DELIVERED at NAIROBI this 16THday of MAY, 2022. A.O. MUCHELULEJUDGE