In re Estate of Jamlick Karanja Muiruri (Deceased) [2017] KEHC 353 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIVASHA

SUCCESSION CAUSE NO. 149 OF 2015

(Formerly High Court Nakuru Succession No. 333 of 2012)

IN THE MATTER OF THE ESTATE OF JAMLICK KARANJA MUIRURI (DECEASED)

JAMES MUIRURI KARANJA…...1ST ADMINISTRATOR

PETER KAMAU KARANJA…......2ND ADMINISTRATOR

MARIA WANGUI KARANJA…....3RD ADMINISTRATOR

AND

JOSHUA NJUGUNA MUIRURI…..........……APPLICANT

R U L I N G

1. On 3rd June, 2016 this court revoked the grant that had been issued in the name of Joshua Njuguna Muiruri in 2012, in respect of the estate of his deceased brother Jamlick Karanja Muiruri.  The court had stated that:

“The confirmed grant in the circumstances cannot stand is hereby revoked.  The court will therefore order that a fresh grant be issued in the names of the 1st and 2nd applicants herein, and their two sisters Mary Mwihaki Karanja and Maria Wangui Karanja.  In 3 months from today’s date the said Applicants will be at liberty to apply for the Confirmation of the grant and to file affidavits proposing the mode of distribution of all the properties which constituted the estate of the deceased at the time of death.  Each party will bear its own costs.”

2. On 3rd March, 2017, Joshua Njuguna Muiruri purporting to act as the administrator of the estate filed the summons for confirmation of grant asserted to have issued on the 9th January, 2012.  The application is based the Applicant’s affidavit.  Attached thereto is an executed consent which was purportedly signed by Mary Mwihaki Karanja, Maria Wangui Karanja, James Muiruri Karanja and James Karanja Mwaura.

3. The 1st to 3rd signatories being children of the deceased were the persons appointed by this court on 3rd June, 2017 to administer the estate of the deceased alongside their brother Peter Kamau Karanja.  And pursuant to the court’s ruling on 3rd June, 2016 a grant did issue to them on 17th June, 2016.

4. Thus, the present application by Joshua Njuguna Muiruri has no basis.  He is no longer an administrator of the deceased’s estate and cannot purport to make an application before this court.  Secondly the grant he seeks to confirm was revoked by this court.

5. The application filed by him on 3rd March, 2017 is therefore incompetent and verges on contempt of the court’s previous orders.  The application is hereby stuck out with costs.

6. Let the current administrators file the application to confirm the grant within 30 days of today’s date, and indicating the mode of distribution of the estate, failing which this matter will be placed before the Deputy Registrar for directions on 28th November, 2017.

7. Parties to bear costs.

Delivered and signed at Naivasha this 24th day of October, 2017.

In the presence of:-

Mr. Waigwa Ngunjiri for the Petitioner

Mr. G. N. Kimani for the Objectors/Applicants

Court Assistant – Barasa

C. MEOLI

JUDGE

C. MEOLI

JUDGE