In re Estate of George Munyi Muturi (Deceased) [2025] KEHC 4120 (KLR)

In re Estate of George Munyi Muturi (Deceased) (Succession Cause 379 of 2011) [2025] KEHC 4120 (KLR) (27 March 2025) (Ruling)

Neutral citation: [2025] KEHC 4120 (KLR)

Republic of Kenya

In the High Court at Nyeri

Succession Cause 379 of 2011

DKN Magare, J

March 27, 2025

IN THE MATTER OF THE ESTATE OF GEORGE MUNYI MUTURI (DECEASED)

In the matter of

Ruth Nyambura Munyi

Petitioner

Ruling

1. The Applicant filed Summons for Rectification of Grant. There is no consent. The summons are not accompanied by the consent of all other beneficiaries. I note that the application is a disguised redistribution. It is not lost on the Court that the administrator was 76 years in 2011. She is now over 90 years old.

2. I therefore direct that the application dated 17. 2.2025 be and is hereby dismissed. However, I make the following rectifications in view of the admission that Robert Muturi Munyi is now deceased.a.I revoke the grant to Ruth Nyambura Munyi, who has not completed administration over 10 years after the issuance of grant.b.I appoint the following as administrators.i.Mary Wangui Munyiii.Grace Muthoni Munyiiii.Monica Wangui Munyiiv.Martha Wairimu Munyic.The parcel for Robert Muturi Munyi shall be registered in the names of the estate of the late Robert Muturi Munyi (deceased).

3. There is an error in that the land given to Ruth Nyambura Munyi is not indicated to be a life interest. In order to facilitate smooth transition, the 8. 26 for Ruth Nyambura Munyi shall be shared (after adjusting those with ½ acre to 1 acre) equally among all the beneficiaries. She shall have a life interest on the said 8. 26 acres in Narumoru/Narumoru (Kieni East) Block 1/290.

4. Land Parcel No. Narumoru/Narumoru (Kieni East) Block 1/363, Block 1/666 and Kirimukuyu/Mutathiini/260 is not yet transferred – shall be shared equally by each of the beneficiaries. Ruth Nyambura Munyi shall have a life interest.

5. The new administrators to file the formal closure of the file after transmitting the estate by 26/9/2025.

6. The file is closed.

DELIVERED, DATED, AND SIGNED AT NYERI ON THIS 27TH DAY OF MARCH, 2025. RULING DELIVERED EX-TEMPORE IN OPEN COURT.KIZITO MAGAREJUDGEIn the presence of: -Ms. Macharia for the PetitionerCourt Assistant – Michael