In re Estate of Gerald Kiragu Gatheru (Deceased) [2020] KEHC 9880 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

FAMILY DIVISION

SUCCESSION CAUSE NO. 573 OF 2003

IN THE ESTATE OF GERALD KIRAGU GATHERU (DECEASED)

ESTHER WARUKIRA MINJIRE Alias

ESTHER WARUKIRA KIRAGU ....................................................APPLICANT

VERSUS

FRANCIAH NJOKI MWANGI...................................................RESPONDENT

R U L I N G

1. This ruling is in furtherance of an earlier ruling that was delivered on the 22nd of November, 2018.

2. The Applicant and the Respondent have in line with the said ruling placed before court the receipts for the hospital bill and an explanation by the Applicant, who admits having received Kshs.155,000/= from Mwalimu Sacco on what she did with the funds.  The applicant explains that she expended the sums on her three children with the deceased.

3. Based on the above, the court now directs the Public Trustee to distribute the sum of Kshs.882,892. 30 being the remainder of the estate to the two widows and four children left by the deceased in equal shares after considering:

a. Refund of Kshs.95,832, to the Respondent Franciah Njoki Mwangi being the amount of hospital bill she paid on account of the deceased.

b. Taking into account Kshs.155,000/= paid the Applicant Esther Warukira Kiragu by Mwalimu Sacco and which amount should be deducted equally from the share payable to the applicant and her 3 children (in equal shares).

4. Each party to meet their costs.

Dated and Delivered in Nairobi on this2ND day of JULY, 2020

………………………….

ALI-ARONI

JUDGE