In re Estate of Matiri Mwitia (Deceased) [2023] KEHC 26690 (KLR)

In re Estate of Matiri Mwitia (Deceased) (Succession Cause 258 of 2006) [2023] KEHC 26690 (KLR) (14 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26690 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 258 of 2006

TW Cherere, J

December 14, 2023

Between

Joseph Nkonge Matiri

Petitioner

and

Johnson Kaburu Matiri

Protestor

Ruling

Background 1. By a ruling dated 07th March, 2019, Ongijo J revoked the grant of letters of Administration made to Joseph Nkonge Matiri (Petitioner) on 28. 2.2007 and the Petitioner and Johnson Kaburu Matiri (Protestor) were appointed as joint Administrators.

2. Subsequently, Joseph Nkonge Matiri died and by consent dated 07th November, 2022, Wilson Ndumbi Matiri and Johnson Kaburu Matiri were appointed as joint administrators.

3. Consequently, on 13th December, 2022, the parties agreed that LR Abothuguchi/Githongo/685 be shared equally among the beneficiaries of the deceased and LR Nanyuki/Nturukuma/2731 be registered in the name of Wilson Ndumbi Matiri and Johnson Kaburu Matiri to sell and distribute the proceeds equally to the beneficiaries. A Certificate of Confirmation of Grant was issued on 18th January, 2023 but I note that it had an error as it included LR Nanyuki/Nturukuma/643 as having been distributed to Wilson Ndubi whereas there is no documentary evidence that the same forms part of deceased’s estate.

4. The correct Certificate of Confirmation of Grant reflecting the consent of the parties of 13th December, 2022 was issued on 15th February, 2023 with orders that that LR Abothuguchi/Githongo/685 be shared equally among the beneficiaries of the deceased and LR Nanyuki/Nturukuma/2731 be registered in the name of Wilson Ndumbi Matiri and Johnson Kaburu Matiri to sell and distribute the proceeds equally to the beneficiaries.

5. Respondent has declined to sign transmission documents on the ground that the Certificate of Confirmation of Grant rectified on 03rd July, 2023 omitted LR Nanyuki/Nturukuma/643 that had been distributed to Wilson Ndumbi Matiri.

6. A certificate of search for LR Nanyuki/Nturukuma/643 demonstrates that the asset does not belong to the deceased and is and was not therefore available for distribution.

7. Consequently, the Respondent’s excuse for his failure to sign the transmission documents unwarranted.

8. From the foregoing, this Honourable Court hereby empowers the Deputy Registrar of this court to execute all relevant documents in respect of LR Abothuguchi/Githongo/685 and LR Nanyuki/Nturukuma/2731 in place of the Johnson Kaburu Matiri.

DATED AT MERU THIS 14TH DAY OF DECEMBER 2023. WAMAE. T. W. CHEREREJUDGE