In re Estate of Limbine Mukiri (Deceased) [2018] KEHC 966 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

SUCCESSION CAUSE 506 OF 2010

IN THE MATTER OF ESTATE OF LIMBINE MUKIRI

M’LIMBINE MBITI...............................................................1ST PETITIONER

DANIEL KAINGA M’LIMBINE..........................................2ND PETITIONER

VERSUS

MWAMATI MUTUMA M’LIMBINE........................................RESPONDENT

RULING

The deceased M’Limbine Mukiri died intestate on 20th April 1998 and left behind the following survivors.

1. Rael Itura – daughter-in-law

2. Daniel Kaing’a –son

3. Mbiti M’Limbine – son

4. Kaibi M’Limbine – son

5. Mohamati Mutuma – son

6. Kabii M’Limbine – daughter

7. Kailu M’Limbine – daughter

8. Muturia M’Limbine – daughter

This was idenfication by chief of Kiengu Location dated 28th July 2008 which was used by Daniel Kainga and Rael Itura to file succession cause in Maua CMC succession cause no. 20 of 2008.

The estate of the deceased is comprised of :-

1. L.R. Antubetwe/Njoune/1502

2. L.R Antubetwe/Njounge/858

3. L.R. Antubetwe/Njoune/1451

Grant in Maua succession cause no. 20 of 2008 was issued to Daniel Kaing’a and Rael Itura on 16th October 2008 and application for confirmation dated 22. 4.2009 filed on 23. 4.2009 – confirmed and certificate isue dated 29. 7.2009.

By a letter dated 22. 6.2010 CID Igembe Division wrote to E.O Maua Court to provide certified copies of proceedings to enable them investigate fraudulent transfer of land.

By an application dated 5th October 2010 C.B. Mwongela and Co. Advocates for Mwamati Mutuma M’Limbine filed this cause seeking that grant made and confirmed at Maua C.M.C be revoked.

On 20. 7.2016 Justice Gikonyo nullified proceedings that took place before the Maua Chief Magistrates court for reason court had no jurisdiction then to issue and confirm grant.

M’Limbine Mbiti and Daniel kaung’a M’Limbine were appointed new Administrators to the estate on 9th November 2016 and parties were orderd to apply for confirmation.  2nd Administrator had filed mode of distribution by 16. 11. 2017.

1st Administrator was given time to file mode of distribution by 8. 3.2018 but had not and 1st Administrtor advocate for reasons not given indicted he wanted to ceased acting.  1st Adminstration filed protest which directions were taken should be heard by way of written submissions.

I have looked at the mode of distribution in affidavit of Daniel Kaing’a in support of application for confirmationas well as protest by mwamati Mutuma in affidavit sworn on 20th June 2018 and find that the protest has been casue of all the trouble in this  cause since it was filed in 2008 in Maua CMC cause no. 20 of 2008.

The mode of distribution by 2nd Administrator is REASONAL and all inclusive.  The proposal of 1st administrator leaves out the daughters of the deceased claiming they are married and have no interests of getting a share of the deceased estate.

However there are no affidavits sworn by them to the effect they are denouncing their interests in the estate.  He has also not shown that his late brother M’Nkanata the husband of Rael Ituma had benefited from any other land before the deceased person died.  He confirms that Rael itura his late brothers wife lives on land in Njoune which 2nd Administrator said should be shared between 1st administrator and Rael. Rael to hold for herself and the children of M’Nkanata in equal shares.

In the circumstances I do find that proposal of Daniel kainga is reasonable and same is adopted as order of this court.

There shall be no orders as to costs.

HON. A.ONG’INJO

JUDGE

RULING SIGNED, DELIVERED AND DATED THIS 8TH DAY OF

NOVEMBER 2018.

In the presence of:

C/A: Penina/Kinoti

Petitioner:- Present in person

Objector:-Present in person

HON. A.ONG’INJO

JUDGE