In re Estate of Kiragara Bagiri (Deceased) [2023] KEHC 26242 (KLR)

In re Estate of Kiragara Bagiri (Deceased) (Succession Cause 501 of 2013) [2023] KEHC 26242 (KLR) (30 November 2023) (Ruling)

Neutral citation: [2023] KEHC 26242 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 501 of 2013

TW Cherere, J

November 30, 2023

Between

Grace Kagwiria

Applicant

and

Japheth Mburugu Ringera

1st Respondent

Julius Ndubi Ringera

2nd Respondent

Ruling

1. On May 17, 2017, Grace Kagwiria and Henry Muthamia Rintangu were appointed as joint administrators of deceased’s estate.

2. Subsequently, a Certificate of Confirmation of Grant was issued on 13th June, 2018 equally to his children and where deceased to the family of the deceased beneficiary in equal shares.

3. By summons dated and filed on September 28, 2023 supported by an affidavit sworn by Grace Kagwiria, the court is urged to substitute Henry Muthamia Rintangu now deceased with his wife Charity Mpinda Joseph and to distribute his share to Charity Mpinda Joseph and her son Eric Nkonge Muthamia.

4. Judith Kagwiria, daughter to deceased’s son Jediel M’Ringera (deceased) opposed the summons on the ground that the family has not consented to substitution of Henry Muthamia Rintangu now deceased with his wife Charity Mpinda Joseph. The Respondent also complains about the manner in which Applicant has been handling the estate since the death of the co-administrator Henry Muthamia Rintangu.

5. Section 81 of the said Law of Succession Act provides that; -“Upon the death of one or more of several executors or administrators to whom a grant of representation has been made, all the powers and duties of the executors or administrators shall become vested in the survivors or survivor of them……(Emphasis added)

6. What is clear from the above provision is that the Act does not contemplate substitution of a deceased co-administrator. The powers and duties of such deceased co-administrator vests in the surviving co-administrator. As such, in the instant case, upon the death of Henry Muthamia Rintangu, in the absence of a continuing trust, his duties and powers automatically and by operation of law vested in the surviving co- administrator Grace Kagwiria.

7. In the persuasive authority of In re Estate of Tuaruchiu Marete (Deceased)[2019] eKLR, Justice F. Gikonyo expounded on the instances where an additional administrator can be appointed to substitute a deceased administrator. The Learned Judge held that:(11)There are however situations where an additional administrator should be appointed. For instance, where there is a resulting trust, a sole surviving administrator is required to apply for an additional administrator to be appointed which failing the court will appoint on its own motion. Similarly, where the intestate is polygamous, death of one of the administrator may require a replacement for purposes of the house he represented. Or for a good cause and in the best interest of all persons concerned the court may appoint an additional administrator of an estate. This is in discretion under section 66 of the Law of Succession Act. Therefore, there is no complete prohibition of appointing another administrator in addition to a surviving administrator or administrators. Nothing wrong in the appointment of the first administrator herein.”

8. In the instant case, applicant has been accused of intermeddling with the estate thus misusing the powers bestowed upon her by this court and as such it is in the interest of justice that this court intervenes and appoints the applicant as a co-administrator so as to ensure the completion of the process of administration.

9. In the end, it is hereby ordered as follows:1. Now that Henry Muthamia Rintangu (2nd Administrator) is deceased, Judith Kagwiria, is appointed as co-administrator with Grace Kagwiria2. Letters of administration shall issue in the joint names of Grace Kagwiria and Judith Kagwiria3. The Certificate of Confirmation of Grant dated June 13, 2018 shall be rectified to the extent that the share for Henry Muthamia Rintangu now deceased shall vest in his widow Charity Mpinda Joseph to hold in trust on her own behalf and on behalf of her son Eric Nkonge Muthamia.4. This cause shall be mentioned on February 29, 2024 to confirm compliance with these orders and for further orders and/or directions

DATED AT MERU 30TH DAY OF NOVEMBER 2023WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneGrace Kagwiria - PresentJudith Kagwiria - Present