In re Estate of Isaac Mugo Kiragu (Deceased) [2023] KEHC 25411 (KLR)

In re Estate of Isaac Mugo Kiragu (Deceased) (Succession Cause 3557 of 2022) [2023] KEHC 25411 (KLR) (Family) (16 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25411 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 3557 of 2022

EKO Ogola, J

November 16, 2023

IN THE MATTER OF THE ESTATE OF ISAAC MUGO KIRAGU (DECEASED)

In the matter of

Irene Wanja Kamuri

1st Administrator

Lorna Wamucii Mugo

2nd Administrator

Ruling

1. Before this court, Summons for Confirmation of Grant is dated 18th September 2023. The administrators pray for the following orders: -a.Spent;b.That the following property be included as part of the assets of the Deceased’s Estate in the Administration of the Deceased’s properties:-i.Gatarakwa/gatarakwa/block/111/1331ii.152 Shares at Kenya Reinsurance Limitedc.That the Grant of Letters of Administration Intestate made to Irene Wanja Kamuri and Lorna Wamucii Mugo on the 20th June 2023 in this be matter be confirmed;d.That costs of this Application be costs in the cause.

2. The Summons were based on the grounds set out therein and the Supporting Affidavit sworn by the administrators.

3. The deceased died intestate on 26th August 2022. His widow Irene Wanja Kamuri and his two children Lorna Wamucii Mugo and Alex Kiragu Mugo (minor) survived him. Grant of letters of Administration intestate was issued on 20th June 2023 to Irene Wanja Kamuri and Lorna Wamucii Mugo.

4. Section 71 of the Law of Succession stipulates the procedure for confirmation of grant. It stipulates as follows:-“71(1) After the expiration of a period of six months, or such shorter period as the court may direct under subsection (3), from the date of any grant of representation, the holder thereof shall apply to the court for confirmation of the grant in order to empower the distribution of any capital assets.(2)…(2A)…(3)The court may, on the application of the holder of a grant of representation, direct that such grant be confirmed before the expiration of six months from the date of the grant if it is satisfied-(a)that there is no dependant, as defined by section 29, of the deceased or that the only dependants are of full age and consent to the application;(b)that it would be expedient in all the circumstances of the case so to direct.”

5. The 1st administrator deposed that she has utilized all her resources to settle college fees for the 2nd Administrator and the deceased son who is a minor attending High School. The 1st administrator further averred that there are unpaid school fees and there is a need for money for medical expenses and general family subsistence.

6. The administrators have annexed to their summons a schedule of assets including newly discovered assets such as Gatarakwa/ Gatarakwa/ Block/111/1331 and 152 shares at Kenya Reinsurance Limited. As proof that the said assets belong to the deceased, the administrators have annexed a copy of the title deed and Share details from Kenya Reinsurance Limited to the Summons. There is also a consent on the mode of distribution signed by both administrators.

7. Since there is a minor involved and he requires school fees and medical care, I hereby confirm the Grant of letters of administration intestate issued on 20th June 2023 under Section 71(3)(b) of the Law of Succession Act and distribute the estate under paragraph 10 of the Supporting Affidavit dated 18th September 2023. It is so ordered.

DATED AND DELIVERED AT NAIROBI THIS 16TH DAY OF NOVEMBER 2023. .................................E.K. OGOLAJUDGE