In re Estate of Leah Wanjiku Wanjohi (Deceased) [2024] KEHC 6916 (KLR)

In re Estate of Leah Wanjiku Wanjohi (Deceased) (Miscellaneous Succession Application E005 of 2023) [2024] KEHC 6916 (KLR) (5 June 2024) (Ruling)

Neutral citation: [2024] KEHC 6916 (KLR)

Republic of Kenya

In the High Court at Nyeri

Miscellaneous Succession Application E005 of 2023

DKN Magare, J

June 5, 2024

Between

James Gicheru Kariuki

Applicant

and

Geoffrey Muchiri Wanjohi

Respondent

Ruling

1. The Grant issued and confirmed in Nyeri CMCC E261 of 2021 be and is hereby revoked. This is due to the subject matter being over and above 20,000,000/=. The subject matter of the estate as per the valuation dated November 2023.

2. Consequently Nyeri CM P&A E261 of 2021 is transferred to this court for hearing and determination.

3. I direct that all the properties of the estate be preserved until the hearing and determination of the transferred petition.

4. It is also noted that the estate of the late Lucy Gathoni Kamau (deceased) was left out. In the circumstances the parties should file a full list of all beneficiaries to the deceased herein.

5. Prayer 6 of the Amended Summons is allowed to the extent that the deceased’s property that may have been transferred be reverted to the estate of the deceased and be registered as such pending succession. All bank accounts do remain untouched until determination of the petition. The Manager KCB, Nyeri Branch do file in court a statement of account for account number 1151107034 by 25/6/2024.

6. The transferred petition shall be mentioned for directions on 26/6/2024 before me for further directions. Meanwhile the administrators so appointed in the revoked grant shall be administrators for purpose of preserving the estate until 26/6/2024 or such other date when the court shall appoint substantive administrators.

7. Each party shall bear their own costs.

8. This file is closed.

Dated, Signed and Delivered at Nyeri on this 5th day of June, 2024. KIZITO MAGAREJUDGEIn the presence of:-Mr. Lawrence for the AppellantMr. Kimunya for the RespondentMs. Mary Makori for Interested PartiesCourt Assistant – JedidahNYERI HC.P&A MISC.APPL. NO. E005 OF 2023 Page 2 | 2