In re Estate of M’mbiria M; Ruthiri alias Mbwiria S/O Ruthiri (Deceased) [2022] KEHC 1344 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT KENYA

AT MERU

(CORAM: CHERERE-J)

SUCCESSION CAUSE NO. 26 OF 2014

IN THE MATTER OF THE ESTATE OF M’MBIRIA M; RUTHIRI ALIAS MBWIRIA S/O RUTHIRI(DECEASED)

BETWEEN

GLADYS KAIRIGO MUNG’ATIA......2ND ADMINISTRATOR/APPLICANT

AND

AYUB KIRIMI MBWIRIA.................1ST ADMINISTRATOR/RESPONDENT

RULING

Introduction

1. Ayub Kirimi Mbwiria (1st Administrator/Respondent) and Gladys Kairigo Mungátia (2nd Administrator/Applicant) are the joint administrators of deceased’s estate.

2. Deceased’s estate was distributed by an order dated 10th March, 2020. A Certificate of Confirmation of Grant was subsequently issued distributing the estate of the deceased as follows:

a. ABOTHUGUCHI/KATHERI/155

1. Gladys Kairigo Mung’atia    1. 765 acres

2. David Kaimenyi                      1. 74 acres

3. Dennis Koome Gatobu            1. 74 acres

4. Florence Makena Martin      1. 74 acres

5. Hellen Kinanu                        1. 74 acres

6. Ayub Kirimi Mbwiria                0. 9 acres

b. ABOTHUGUCHI/KATHERI/2859

Betty Nkatha

3. In distributing the estate, the court took into account that 1st Administrator had already disposed off part of the estate to Betty Nkathathus reducing his share of the estate.

Summons

4. By summons dated 23rd March, 2021, 2nd Administrator/Respondent seeks an order that the Executive Officer of this court signs necessary transfer forms on behalf of the 1st Administrator/Respondent for purposes of executing the distribution of the estate.  The summons is based mainly on the ground that 1st Administrator/Respondent blatantly refused to sign the transfer forms which grounds are reiterated in the Applicant’s undated supporting affidavit filed on 23rd March, 2021.

5.  By his response dated 25th May, 2021, 1st Administrator/Respondent avers that he did not sign the transfer documents because there is a pending application for revocation of the grant.

Analysis and determination

6. I have considered the summons in the light of the affidavits on record.  The application for revocation was filed on 25th May, 2021 which was 2 months after the 2nd Administrator/Respondent filed the current application. That 1st Administrator/Respondent did not sign the transfer forms because there was a pending application for revocation is therefore not factual.

7. Be as it may, the application for revocation was withdrawn on  09th March, 2022 following the death of the Applicant one Japhet Mukiira Kirera and there is therefore no reasonable cause for 1st Administrator/Respondent continued failure to sign the transfer forms thus frustrating the distribution of the estate.

8. From the foregoing analysis, it is therefore hereby ordered THAT:

1. 1st Administrator/Respondent shall sign the transfer forms for purposes of executing the distribution of the estate within 14 days from today’s date

2. In the event that the 1st Administrator/Respondent does not comply with order (1) above, the Executive Officer of this court shall sign the necessary transfer forms on behalf of the 1st Administrator/Respondent

3. Respondent shall bear the costs of this summons.

DELIVERED IN MERU THIS 17TH DAY OF MARCH,  2022

WAMAE. T. W. CHERERE

JUDGE

Appearances

Court Assistant -Morris Kinoti

For Applicant      - Ms. Aketch for Norbert. O & Co. Advocates

For Respondent     - Mr. Mwanzia for Muia Mwanzia & Co. Advocates