In re Estate of Leah Kabura Mungai (Deceased) [2024] KEHC 15394 (KLR)

In re Estate of Leah Kabura Mungai (Deceased) (Succession Cause 998 of 2019) [2024] KEHC 15394 (KLR) (Family) (30 January 2024) (Ruling)

Neutral citation: [2024] KEHC 15394 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 998 of 2019

EKO Ogola, J

January 30, 2024

IN THE MATTER OF THE ESTATE OF THE LATE LEAH KABURA MUNGAI (DECEASED)

Between

Irene Wanjiru Wagema

Administrator

and

Kenyatta Ndirangu Mungai

1st Protestor

John Ndung’u Mungai

2nd Protestor

Ruling

1. The deceased died intestate on 21st April 2006. She was survived by five children namely; Edith Njeri Mungai, John Ndungu Mungai, Irene Wanjiru Wagema, Anita Nduta Mungai (deceased) and Kenyatta Ndirangu Mungai. Grant of Letters of Administration Intestate was issued on 30th October 2019 to Irene Wanjiru Wagema.

2. What is before this court for determination is the Summons for Confirmation of Grant dated 9th December 2020. The administrator prays that the grant issued to her on 30th October 2020 be confirmed and the estate be distributed as per the mode of distribution annexed to the summons.

3. On 15th December 2020, one of the beneficiaries, John Ndirangu Muigai filed an Affidavit in protest to the confirmation of the grant. As a rebattle, the administrator filed a Supplementary Affidavit dated 11th March 2021.

4. The beneficiaries opted to have an out-of-court discussion on the mode of distribution. The administrator averred that during the meeting, all beneficiaries agreed on a mode of distribution and save for Kenyatta Ndirangu Mungai, have signed the said consent. The consent to the mode of distribution is dated 26th April 2023.

5. On 2nd May 2023, the 1st protestor Kenyatta Ndirangu Mungai was directed to file his proposed mode of distribution. At the time of writing this ruling, the 1st protestor had not filed his proposed mode of distribution despite being duly served with the court’s orders and directions.

Determination 6. I have considered the summons and the entire record of the court. The issue for determination is whether the grant dated 30th October 2019 should be confirmed. Section 71 of the Law of Succession Act provides that:-“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.”

7. The 1st protestor refused to consent to the mode of distribution but he failed to propose a mode of distribution. In my view, this is intentionally delaying the administration of the deceased estate. The grant was issued in 2019. The administrator was required to petition this court to confirm the grant to empower distribution. The distribution should not be delayed any longer. Since the 1st protestor has not given any tangible reason as to why the estate should not be distributed as agreed by the other beneficiaries, I see no reason not to grant the orders sought.

8. From the foregoing, the Summons for Confirmation of grant dated 9th December 2020 is hereby allowed. I make the following orders:-a.The Grant of Letters of Administration Intestate issued on 30th October 2019 to Irene Wanjiru Wagema is hereby confirmed.b.The estate of the deceased be distributed according to the consent of mode of distribution dated 26th April 2023. c.Costs be in the cause.

Orders accordingly.

DATED AND DELIVERED AT NAIROBI THIS 30THDAY OF JANUARY 2024………………………………………E.K. OGOLAJUDGEIn the presence of:Mr. McDonald for the AdministratorMr. Mucheru for the protestorGisiele Muthoni Court Assistant