In re Estate of Festus Gakuo Gikuri (Deceased) [2025] KEHC 3486 (KLR)

In re Estate of Festus Gakuo Gikuri (Deceased) (Succession Cause 559 of 2012) [2025] KEHC 3486 (KLR) (17 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3486 (KLR)

Republic of Kenya

In the High Court at Nyeri

Succession Cause 559 of 2012

DKN Magare, J

March 17, 2025

Between

Curtis Gakuo Wahio

Applicant

and

Hannah Muthoni Gakuo

1st Respondent

Titus Taiti Gakuo

2nd Respondent

Ruling

1. The matter has been fully dealt with. The Applicant admits being aware of the matter. He has never prosecuted the application for the last 9 years. I have perused the same and note that none of the reasons set out in Section 76 of the Succession Act apply to the Applicant.

2. There is prima facie nothing to hear. A question of acreage is for the administrators to deal with. In any case all parties are fully provided for. The matter cannot remain ad infinitum in court. The same is consequently dismissed with disbursements of Kshs.20,000/= payable within 30 days to the 2nd Respondent.

3. Noting the death of the 1st Respondent, I shall strike out her name and re-issue the Grant and Certificate of Confirmation to the remaining administrator who shall conclude the estate within 6 months, that is by 17/9/2025.

4. The Deputy Registrar to give all necessary assistance in execution of transmission documents. Any property in the names of deceased dependents shall be registered in the names of those deceased dependents. The administrator to sign on their behalf.

5. The file is closed.

DELIVERED, DATED AND SIGNED AT NYERI ON THIS 17TH DAY OF MARCH, 2025. RULING DELIVERED IN OPEN COURT.KIZITO MAGAREJUDGEIn the presence of: -Miss. Hellen Njoki for the Applicant2nd Respondent present in personCourt Assistant – MichaelMs. Njoki – I seek leave.KIZITO MAGAREJUDGE17. 3.25Mr. Gakuo – The matter is an old one. We agree.KIZITO MAGAREJUDGE17. 3.25Court – Leave granted to appeal.KIZITO MAGAREJUDGE