In re Estate of M’barutua Kithia Kingili alias Barutua Kithia (Deceased) [2023] KEHC 2374 (KLR)

In re Estate of M’barutua Kithia Kingili alias Barutua Kithia (Deceased) (Succession Cause 240 of 2009) [2023] KEHC 2374 (KLR) (23 March 2023) (Ruling)

Neutral citation: [2023] KEHC 2374 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 240 of 2009

TW Cherere, J

March 23, 2023

Between

John Meme Barutua

Petitioner

and

Daniel Kobia

1st Administrator

Peter Murungi M’barutua

2nd Administrator

Jason Kabilu M’barutua

3rd Administrator

Ruling

1. By judgment dated April 4, 2019, Gikonyo J made orders distributing the deceased’s estate. Asset number 9 of the 13 assets distributed were Shares with Barclays Bank which the court ordered that they be sold and proceeds shared equally amongst:a)Rebecca Giturab)Stanley Karuruc)Rebecca Mpindid)Isaiah Mukariae)Grace Nchororof)Kauninku M’barutuag)Jason Kabiluh)John Meemei)Nkatha M’barutuaj)Peter Murungik)Jacob Mithikal)Bernard Matim)Isaac Kiilin)Charles Kubaio)Nathan Kiuliop)Francis Ntongaiq)Paulina Karimir)Janet Mbarutuah)John Meemer)Janet Mbarutua

2. By summons dated March 8, 2022 supported by an affidavit sworn by the 3rd administrator/applicant on March 15, 2022, administrators/applicants state that they have not distributed the estate in the shares for the reason that the petitioner/respondent has declined to release the share certificates to them. They thus pray that petitioner/respondent be compelled to surrender the share certificate/s or account for the proceeds of the shares in the event that he has already disposed of the shares.

3. By his replying affidavit sworn on March 13, 2023, petitioner/respondent makes no answer to the administrators/applicants’ claim but only contends that he did not get a share of KES. 1,160,000/- that the court ordered be distributed to the beneficiaries.

4. I have considered the summons in the light of the affidavits on record and since the petitioner/respondent neither denies that he is holding the shares certificate/s nor that he has declined to release them to the Administrators, he is deemed to have admitted the allegations of fact made by the administrators/applicants.

5. Court orders are not made in vain. If for any reason the administrator/respondent did not get a share of KES. 1,160,000/- that the court ordered be distributed to the beneficiaries, he had a duty to move the court appropriately instead of withholding the deceased’s share certificate/s to the detriment of other beneficiaries.

6. From the foregoing, I find that the summons dated March 8, 2022 has merit and it is allowed in the following terms:1. This court hereby makes an order compelling John Meme Barutua (petitioner/respondent) to release the deceased’s share certificate/s with Barclays Bank now ABSA Bank to the administrators/applicants within 14 days from today’s date2. In the event that the shares have been disposed off, petitioner/respondent is directed to account and/or surrenders all the money received from the shares to the administrators/applicants within 14 days from today’s date3. Costs of this application shall be borne by petitioner/respondent

MENTION ON 27TH APRIL, 2023 TO CONFIRM COMPLIANCEDATED AT MERU THIS 23RD DAY OF MARCH 2023WAMAE.T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiFor Administrators/Applicants - Ms. Gatwiri for Murango Mwenda & Co AdvocatesFor Interested Party- - Ms. Asuma for Mutembei & Kimathi & Co. Advocates