In re Estate of Gibson Kinuka Ndunda (Deceased) [2018] KEHC 3790 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

SUCCESSION CAUSE NO. 319 OF 2015

IN THE MATTER OF THE ESTATE OF GIBSON KINUKA NDUNDA (DECEASED)

JEDIDAH MATHEMBO NDUNDA..............PETITIONER/1ST ADMINISTRATOR

VERSUS

RAEL MUTUNGE.............................................OBJECTOR/2ND ADMINISTRATOR

R U L I N G

1. Following an application for Confirmation of Grant herein, I made orders thus:

“43. ..…All children in the matter are now adults.  The deceased’s Estate will be divided amongst them equally.  Their mothers (Petitioner and Protester) will be added as units of each household.  The first household consisting of Eight Members while the second household consists of Six (6) Members.

44. The acreage of each parcel of land having not been provided, the administratix of the Estate is hereby directed to file a schedule of distribution of the Estate in tandem with the order of the court within 60 days for endorsement..…”

2. The order of the Court dated the 16thday of December, 2015was disregarded by the Administratix of the Estate.

3. On the 20th April, 2016the Objector/Protester filed an application pursuant to Rule 49and 73of the Probate and Administration Rulesseeking to be included as an Administrator of the Estate and that the Court to endorse the schedule of distribution that she had come up with.  The application was opposed by the Administratix/Petitioner who indicated that she had sought leave of the Court to appeal the decision to the Court of Appeal.

4. In the Ruling dated the 14thday of February, 2017I granted orders thus:

“(i) The Applicant be and is hereby appointed as a Co-Administratix of the Estate of the Respondent herein.

(ii) A fresh grant shall issue to include her name as such.

(iii) Each Administratix shall file a list of beneficiaries, their entitlement and acreage of assets mentioned as forming the Estate of the Deceased for purposes of confirmation of the grant within 60 days…...”

5. On the 16thday of May, 2017,the Objector/2nd Administratix filed an affidavit where she deposed thus:

“2. That pursuant to orders of the court issued on 14th February, 2017, I pray that the deceased’s Estate set out herein below be divided equally among the two (2) households, with each Administrator holding an equal share in all properties in trust for the beneficiaries.”

6. She proceeded to list properties forming the Estate of the Deceased and beneficiaries from her household.  Just as aforestated this slightly deviated from the order of the Court.  Granting the prayer sought will be tantamount to review of former orders of the Court.  I also do note that a fresh grant of Letters of Administration is yet to be issued.  In the premises I decline to issue the orders sought.

7. It is so ordered.

Dated, Signedand Deliveredat Kituithis 25thday of September,2018.

L. N. MUTENDE

JUDGE