In re Estate of M'Ikiugu Mweru (Deceased) [2024] KEHC 385 (KLR)

In re Estate of M'Ikiugu Mweru (Deceased) (Succession Cause 727 of 2015) [2024] KEHC 385 (KLR) (25 January 2024) (Ruling)

Neutral citation: [2024] KEHC 385 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 727 of 2015

TW Cherere, J

January 25, 2024

IN THE MATTER OF M’IKIUGU MWERU (DECEASED) AND IN THE MATTER OF REDISTRIBUTION OF THE SHARE FOR ELIJAH MUTWIRI KIUGU AND PATRICK MWENDA (DECEASED BENEFICIARIES)

In the matter of

Gerrard Muriuki M'Ikungu

Applicant

Ruling

1. The Certificate of Confirmation in this cause was issued to the Applicant on 08th November, 2018 but to date the estate has not been distributed.

2. Elijah Mutwiri Kiugu and Patrick Mwenda (Beneficiaries) are since deceased. By summons Dated 14th November, 2023, Applicant seeks to redistribute the share for Elijah Mutwiri Kiugu to himself and the share for Patrick Mwenda to their mother Juliah Ndumba M’Ikiugu.

3. The estate herein belongs to M’Ikiugu Mweru (Deceased) and not to either Elijah Mutwiri Kiugu nor Patrick Mwenda and an invitation to distribute their entitlements to the Applicant and Juliah Ndumba M’Ikiugu respectively is therefore untenable and it is declined.

4. In the end, it is hereby ordered as follows:1. Now that Elijah Mutwiri Kiugu and Patrick Mwenda are deceased, the Certificate of Confirmation of Grant rectified on 22nd September, 2022 shall be further rectified to the extent that the shares for Elijah Mutwiri Kiugu and Patrick Mwenda shall vest in their respective estates2. This cause shall be mentioned on 29th April, 2024 to confirm compliance with these orders and for further orders and/or directions

DATED AT MERU 25TH DAY OF JANUARY 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant - N/A for Igweta Muriithi & Co. Advocates