In re Estate of Marubu Kamau (Deceased) [2016] KEHC 1389 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

SUCCESSION CAUSE  NO 682 OF 2013

(FORMERLY NYERI HC SUCCESSION CAUSE NO 1099 OF 2010)

IN THE MATTER OF THE ESTATE OF MARUBU KAMAU - DECEASED

FRANCIS MACHARIA REBIRO….……..…………….ADMINISTRATOR

1. IRUNGU KAMAU

2. MUIRURI MARUBU……………………………………….PROTESTORS

J U D G M E N T

1. This judgment is on the summons dated 03/12/2013 for confirmation of the grant of letters of administration intestate issued herein on 4th September 2012 to Francis Macharia Rebiro (aliasFrancis Kahia).  The proposed distribution at paragraph 5 of the supporting affidavit is that the property comprising the free estate of the Deceased, L.R. Loc 17/IGANJO/566, be shared as follows –

-       Francis Macharia Rebiro to get 3. 8 Acres

- Irungu Kamau and Muiruri Marubu to be registered jointly    in respect of the remainder.

2. I have perused the court record and there is no affidavit of protest or other objection to confirmation filed.  The Administrator, Francis Macharia Rebiro, is named in form P&A 5 as a purchaser/creditor in respect to 3. 8 acres.  He petitioned for grant of letters after serving citations upon the Deceased’s survivors, Irungu Kamau and Muiruri Marubu (who are sons of the Deceased), and apparently with the leave of the court.  Those two are the other beneficiaries named in the proposed distribution.

3. Having considered all matters placed before the court, I will allow the summons for confirmation of grant.  The grant issued herein to Francis Macharia Rebiro (alias Francis Kahia) on 4th September 2012 is hereby confirmed.  Distribution shall be as proposed at paragraph 5 of the supporting affidavit.  It is so ordered.

DATED AND SIGNED AT MURANG’A THIS 3RD DAY OF MARCH 2016

H.P.G. WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 4TH DAY OF MARCH 2016