In re Estate of Margrate Kanini Kiriamburi (Deceased) [2024] KEHC 1171 (KLR)

In re Estate of Margrate Kanini Kiriamburi (Deceased) (Miscellaneous Succession Cause E019 of 2023) [2024] KEHC 1171 (KLR) (8 February 2024) (Ruling)

Neutral citation: [2024] KEHC 1171 (KLR)

Republic of Kenya

In the High Court at Meru

Miscellaneous Succession Cause E019 of 2023

TW Cherere, J

February 8, 2024

IN THE MATTER OF THE ESTATE OF MARGRATE KANINI KIRIAMBURI (DECEASED)

In the matter of

Milichelina Kamami Ndeke

Applicant

Ruling

1. Milichelina Kamami Ndeke (Applicant) seeks a special limited grant to enable her prosecute Meru ELC Case No. E016 of 2022 in which Margrate Kanini Kiriamburi who died on 07th June, 2023 was sued as the 2nd Plaintiff.

2. In support of the petition, Applicant has annexed chief’s letter dated 15th June, 2023 confirming that she daughter to Margrate Kanini Kiriamburi (Deceased), deceased’s certificate of death, consent signed by deceased’s children on 29th January, 2024 and a copy of the pleadings filed in Meru ELC Case No. E016 of 2022 in which deceased is named as 2nd Plaintiff.

3. The court had considered that it is in the interest of justice that Applicant be allowed to prosecute Meru ELC Case No. E016 of 2022 on behalf of her deceased mother so that her interests can be ventilated.

4. Accordingly, for the reasons set out above, this Court makes the following orders: -1. A special limited grant is made to Milichelina Kamami Ndeke (Applicant) for the purposes only of proceeding with Meru ELC Case No. E016 of 2022 on behalf of Margrate Kanini Kiriamburi (Deceased)2. The special limited grant does not authorise any action on any property of the deceased.3. Costs in the cause.

DATED AT MERU THIS 08TH DAY OF FEBRUARY 2024WAMAE. T. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant -Mr. Kirimi for Waklaw Advocates