In re Estate of M'Kirimania M'Mugwongo (Deceased) [2024] KEHC 6474 (KLR)

In re Estate of M'Kirimania M'Mugwongo (Deceased) (Succession Cause 149 of 2015) [2024] KEHC 6474 (KLR) (28 May 2024) (Ruling)

Neutral citation: [2024] KEHC 6474 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 149 of 2015

TW Cherere, J

May 28, 2024

IN THE MATTER OF THE ESTATE OF M’KIRIMANIA M’MUGWONGO (DECEASED) AND IN THE MATTER OF AN APPLICATION FOR SUBSTITUTION OF ADMINISTRATOR

Between

Bernard Gituma M’Kirimania

Applicant

and

Michael Mbaabu Kirimania

Deceased

Ruling

1. The Certificate of Confirmation of Grant in this matter was issued on 16th February, 2017.

2. A certificate of death dated 13rd March, 2023 reveals that Michael Mbaabu Kirimania, the administrator, died on 22nd January, 2021.

3. As at the time of his death, and except for one asset, the bulk of the estate had not been fully distributed as evidenced by certificates of official search filed herein.

4. Another certificate of death dated 05th July, 2021 reveals that another beneficiary Benson Mukaria Kirimania is also deceased.

5. By summons dated 16th January, 2024, Bernard Gituma M’Kirimania (Applicant) seeks orders that:1. Applicant be substituted with Michael Mbaabu Kirimania, the deceased administrator2. Shares for Benson Mukaria Kirimania be distributed to his wife Hellen Mukuba S. M’Mboroki3. Shares for Michael Mbaabu Kirimania in NTIMA/IGOKI/4044, KIIRUA/RUIRI/1590 and TIMAU BLOCK 2/LEWA MUTONYI/5 be distributed to his wife Tarsilla Kajuju Thuranira4. Shares for Michael Mbaabu Kirimania in NTIMA/IGOKI/4073, RUIRI/RWARERA/1046 and ANTUAMBURI ADJUDICATION SECTION /5020 be distributed to his wife Tarsilla Kajuju Thuranira to hold in trust for all the other beneficiaries of the estate

6. Having considered the summons, I find that it is in the interest of justice to substitute the deceased administrator so that he can complete the distribution of the estate.

7. I however decline to redistribute the shares for the deceased beneficiaries namely Michael Mbaabu Kirimania and Benson Mukaria Kirimania and direct that their shares be distributed to their respective estates.

8. In the end, it is hereby ordered as follows;1. Bernard Gituma M’Kirimania is substituted with Michael Mbaabu Kirimania, the deceased administrator2. Letters of administration to issue in the name of Bernard Gituma M’Kirimania3. The Certificate of Confirmation of Grant dated 16th February, 2017 shall be rectified to the extent that the shares for Michael Mbaabu Kirimania and Benson Mukaria Kirimania shall be distributed to their respective estates4. Rectified Certificate of Confirmation of Grant to issue

DATED AT MERU THIS 28TH DAY OF MAY 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant -Present in person