In re Estate of Kariuki Kiruthi (Deceased) [2022] KEHC 14937 (KLR)

In re Estate of Kariuki Kiruthi (Deceased) (Succession Cause 632 of 2014) [2022] KEHC 14937 (KLR) (10 November 2022) (Ruling)

Neutral citation: [2022] KEHC 14937 (KLR)

Republic of Kenya

In the High Court at Nyeri

Succession Cause 632 of 2014

FN Muchemi, J

November 10, 2022

Between

Jackson Wachira Ndegwa

Petitioner

and

Richard Keiro Mwaura

1st Protestor

James Njoroge Mwaura

2nd Protestor

Mary Wambui Mwaura (Being the Administrators of the Estate of Stanley Mwaura Keiro -Deceased)

3rd Protestor

Ruling

1. This is a ruling on distribution of the deceased’s estate LR Aguthi/Gaki/53 with a view of determining the actual shares of the deceased’s beneficiaries.

2. Judgement in this case was delivered on October 7, 2021with the following orders:-a.One acre portion out of Aguthi/Gaki/53 to be shared equally among the four (4) protestorsb.The balance of the deceased’s estate measuring 6. 89 acres be shared equally among the surviving sons of the deceased and in case of any deceased beneficiaries, their survivors to share in equal shares.c.The grant is hereby confirmed in the said terms pending the issue of the certificate of confirmation upon filing of the further affidavit within twenty one (21) days by the petitioner to provide the required details of the beneficiaries in each household and their respective shares.

3. The administrator Jackson Wachira Ndegwa was directed to file a further affidavit to give particulars of the surviving beneficiaries of the deceased who were to share the remainder of LR Aguthi/Gaki/53 after the protestors take their one (1) acre. The administrator was granted twenty (21) days to file the said affidavit.

4. When the case came for mention on November 4, 2021, the administrator had not complied with the court’s directions. He had filed a further affidavit that was taking away the one acre of the protestors and adding it to the shares of the deceased’s beneficiaries. The court directed the administrator to comply with the directions and also filed a current official search of the land in question. The search was filed but the distribution was still incorrect. The court brought the matter to the attention of the administrator. For the 2nd time, the administrator failed to comply with the court’s directions. This defiance continued when a 3rd chance to comply was given to the administrator.

5. The court then directed the 1st protestor to avail the required details which was done through an affidavit sworn by Richard Keiro Mwaura.

6. An official search revealed that LR Aguthi/Gaki/53 measured 2. 79ha equivalent to 6. 894 acres contrary to the earlier calculation done by the court. The estate of the deceased LR Aguthi/Gaki/53 shall be distributed as follows:-1. Richard Keiro mwauraJames Njoroge Mwaura one (1) acre in equal sharesMary Wambui Mwaura2. Lucy Njeri Waweru share of 0. 84 acres to be shared equally between Jane Wangi Waweru and Mwangi Waweru3. John Kariuki Ndegwa share of 0. 84 acres to be shared equally between Bernard Mwangi Ndoho and Grace Kirigo Kariuki4. Geoffrey Gachanja Kariuki - 0. 84 acres5. Kariuki Ndegwa share of 0. 84 acres to be registered in the name of Nancy Mumbi Ndegwa.6. Moses Waweru Ndegwa- 0. 84 acres7. The certificate of confirmation of grant to issue in the foregoing terms.8. It is hereby so ordered.

DATED AND SIGNED AT NYERI THIS 10TH DAY OF NOVEMBER, 2022. F. MUCHEMIJUDGERULING DELIVERED THROUGH VIDEO LINK THIS 10TH DAY OF NOVEMBER, 2022.