In re Estate of Francis Irungu Maina (Deceased) [2019] KEHC 11289 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

FAMILY DIVISION

SUCCESSON CAUSE NO. 2611 OF 2013

IN THE MATTER OF THE ESTATE OF FRANCIS IRUNGU MAINA (DECEASED)

R U L I N G

1. By a ruling dated 20th  December, 2018 this court directed the areaChief of the locality of the parties to appear before court  and shade more light to the pending issue.

2. On the 19th  of February 2019 Senior Chief of Makena DivisionMbere South sub-county one Charles Muriuki appeared before court and informed the court that he is known to the parties and was  conversant with the issues before court.  As  regards Sixtus Ndung’u one of the beneficiaries, he was of the view that the said person was aware of the  matter before court and the distribution of his brother’s estate but he is of a different  opinion as to how the estate should have been dealt with, though he declines to disclose his names.  He further described the beneficiary as a person of sound mind but stubborn.

3. Having considered the applicaiton and the surroundingcircumstances I am inclined not to grant the application dated 8thFebruary, 2018.  The same is dismissed.

4. The administrators herein are consequently directed to holdproperties and/or income due to sixtus Ndungu Maina in trust untilsuch a time when he or his representatives and/or administrators(s) will be in a position to collect and/or take charge of the same.

Dated, signed and Delivered in Nairobi this 9th day of May 2019.

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ALI-ARONI

JUDGE