In re Estate of Harun Chege Njuguna (Deceased) [2022] KEHC 10075 (KLR)

In re Estate of Harun Chege Njuguna (Deceased) (Succession Cause 2607 of 2014) [2022] KEHC 10075 (KLR) (Family) (20 July 2022) (Judgment)

Neutral citation: [2022] KEHC 10075 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 2607 of 2014

AO Muchelule, J

July 20, 2022

IN THE MATTER OF ESTATE OF HARUN CHEGE NJUGUNA - (DECEASED) HENRY NDUATI CHEGE...................................PROTESTOR VERSUS ISABELA MUTHONI CHEGE...........................PETITIONER

Judgment

1. The deceased Harun Chege Njuguna died intestate on 25th May 2007. He left a widow Isabela Muthoni Chege and the following children:-a.Hannah Muthoni Chegeb.Virginia Njeri Chegec.Daniel Njuguna Chege; andd.Beatrice Njoki ChegeThen a grand-daughter Diana Muthoni Wanjiku. There is no dispute that they are all beneficiaries of the estate of the deceased.

2. The deceased left 2½ acres of Githunguri/Kiairia/195 as his only estate.

3. Isabela Muthoni Chege petitioned for the grant of the letters of administration intestate. The grant was issued to her on 31st October 2016. On 21st September 2018 she applied for the confirmation of the grant in which she proposed that the estate be distributed among herself, Daniel Njuguna Chege, Hannah Njeri Chege and Diana Muthoni Wanjiku so that each gets 0. 5 acres. She excluded Henry Nduati Chege from the distribution. Henry Nduati Chege filed a protest to the application. In his affidavit he stated that he was one of the children of the deceased and had an equal claim to the estate. He complained that he had not been consulted regarding the application and that his right to inheritance had been compromised. He went on to state that before the decease died he had sold him 0. 75 acres of Githunguri/Kiairia/195, and sold 0. 25 acres to one Kagiri Boro. That left 2. 5 acres to which he was equally entitled like his mother and siblings.

4. The petitioner responded and explained that the deceased had before his death gifted the protestor 0. 75 acres, given Harun Chege Njuguna 0. 5 acres as a gift to his son Njuguna and sold 0. 5 acres to Simon Kagiri. He had left the instructions in writing in 2000 (I.M.C). She denied that the deceased had sold the 0. 75 acres to the protestor, and challenged him to produce the agreement of sale. The protestor did not file any further reply in response. Her case was that the protestor had already been gifted by the deceased and was not therefore further entitled to the estate.

5. It is evident that Simon Kagiri Boro subsequently died and Succession Cause No. 1736 of 2010 was filed. The administrators of his estate were Joseph Ndichu Kagiri, Peter Kinyanjui and Stephen Mwauru Kagiri, and they filed an affidavit to support this application.

6. I note that all the beneficiaries except the protestor supported the application. Although the deceased died intestate, he had expressed his wishes in writing on how he wanted his estate to be shared, and had gifted the protestor before he died. The protestor’s contention that he bought the 0. 75 acres was not backed by any agreement, or anything in writing. The deceased himself stated in writing that he was gifting him. I accept the evidence of the petitioner and will respect the wishes of the deceased.

7. Consequently, the estate of the deceased shall be shared as proposed in the petitioner’s application and her proposed mode of confirmation dated 20th September 2018 to which the rest of the beneficiaries have consented. The same shall be confirmed in those terms.

DATED AND DELIVERED AT NAIROBI THIS 20TH DAY OF JULY 2022. A.O. MUCHELULEJUDGE