In re Estate of Kamau Njuguna Mahianyu (Deceased) [2022] KEHC 1447 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NYAHURURU

FAMILY DIVISION

SUCCESSION CAUSE NO. 14 OF 2019

IN THE MATTER OF THE ESTATE OF KAMAU NJUGUNA MAHIANYU (DECEASED)

MARGARET WANGARI...............1ST APPLICANT

JOHN KARIERI KAMAU..............2ND APPLICANT

GRACE WAMBUI KIARIE............3RD APPLICANT

MARY NJERI KAMAU...................4TH APPLICANT

RUTH MUKAMI KAMAU.............5TH APPLICANT

JANE WANJIKU KAMAU.............6TH APPLICANT

PETER WOKABI KAMAU............7TH APPLICANT

JAMES MACHARIA KAMAU......8TH APPLICANT

-VERSUS-

HANNAH WAIRIMU KAMAU..........RESPONDENT

DIRECTIONS RULING

1. The instant matter herein came for revocation of grant and after parties were heard.  The court made orders on 16th December, 2021 to the effect:

i. The grants issued to Hannah Wairimu Kamau in Nyahururu SRM Court Succ. No. 12/1992 on 11/01/1993 in respect of estate of deceased and confirmed on 12/08/1993 be and are hereby revoked.

ii. The registration of Nya/Lesirko/485 together with all subdivisions and transfers are hereby cancelled, revoked and nullified.

iii. Land title Laikipia/Nyahururu/22 will remain un distributed to await a window of 3 months for the Applicant to lodge claim in ELC Court over the ownership of the same.  It shall not be transferred or subdivided nor offered as security until ELC determines the ownership of same.  In absence of ELC claim within timelines set, the claim will be deemed abandoned.

iv. Once particulars of land in Oljoro Orok measuring 5 acres are traced the Applicant will claim same to be declared part of estate of the deceased and or otherwise.

v. Each house of the deceased to nominate 2 names to be appointed as administrators of deceased estate within 30 days in default court to appoint at its discretion.

vi. The parties shall agree on distribution of estate or put separate proposals within 60 days of this ruling.

vii. Any issue of account can be party of distribution hearing or consent if any.

viii. No orders as to costs.

ix. There be liberty to apply.

2. The court gave a window for Claimant/Applicant to file ELC suit to contest ownership of Laikipia/Nyahururu/22. The suit is to be filed by 15th March, 2022.

3. This has to be preceded by the appointment of the Administrators 4 in number vide limb v of the orders in judgment.

4. The appointment was to be preceded by nomination of 2 persons from each house within 30 days.

5. The Applicant Grace Wambui Kiarie via affidavit sworn on 14th February, 2022 has demonstrated how the Respondents have failed to cooperate in appointment of the Administrators by not nominating 2 persons from their side.

6. There is no appeal to challenge court’s verdict aforesaid.

7. The court mentioned matter on 28th February, 2022 and Respondents never appeared despite being represented during fixing of the date of directions/mentions aforesaid.

8. This being the case, the Respondent having failed to nominate any person on their side, the court will thus appoint the 2 nominees of applicant side and one on the other house side to unlock the processes herein pending including filing ELC case, filing application for confirmation of grant and execution of the court’s judgment.  Thus court makes the orders:

1. Grace Wambui Kiarie and John Karieri Kamau for their house and Hannah Wairimu Kamau for her house are hereby appointed Administrators of the estate of Kamau Njuguna Mahianyu.

2. The grants will thus be issued fresh to the same.

3. The applicant side will file claim in the ELC to contest ownership of Laikipia/Nyahururu/22 against Hannah Wairimu Kamau before lapse of 30 days stipulated in the judgement herein.

4. The Executive Officer of the court is enabled herein to sign all requisite documents to facilitate any process in place of Hannah Wairimu Kamau.

5. The Administrators Grace Wambui Kiarie and John Kiarie Kamau to file application to confirm grant together with proposed distribution of estate and serve Administrator Hannah Wairimu Kiarie.

6. The matter to proceed for hearing of the said application on 16th May, 2022.

7. There be liberty to apply.

DATEDAND SIGNED AT NYAHURURU THIS 10TH DAY OF MARCH, 2022

………………………………..

CHARLES KARIUKI

JUDGE