In re Estate of M’mbui M’ikiome (Deceased) [2024] KEHC 1432 (KLR)

In re Estate of M’mbui M’ikiome (Deceased) (Succession Cause 221 of 2007) [2024] KEHC 1432 (KLR) (15 February 2024) (Ruling)

Neutral citation: [2024] KEHC 1432 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 221 of 2007

TW Cherere, J

February 15, 2024

In the matter of

Rael Karuru M’mbui

Petitioner

and

Janet Kathure Peter

Applicant

Ruling

1. By Certificate of Confirmation of Grant dated 07th July, 2008, the estate in this cause was distributed as follows:1. Nyaki/Mulathankari/2066 to Living Waters EAPC2. Nyaki/Mulathankari/2067 to Janet Kathure Peter3. Co-operative Bank Account No. 0010975075200 to Rael Karuru M’Mbui

Summons 2. When the Applicant’s application dated 27th November, 2023 in which she seeks to substitute the Petitioner who died on 09th July, 2022 came before me for hearing, I directed that search certificates for the assets in this cause be filed.

3. The request was informed by the fact that this grant having been confirmed 15 years ago, the court needed to satisfy itself that the substitution was necessary.

4. The search certificates for Nyaki/Mulathankari/2066 and Nyaki/Mulathankari/2067 confirm that they were transmitted to Living Waters EAPC and Janet Kathure Peter respectively as directed by the court. The late Rael Karuru M’Mbui having executed the court order as directed by the court, nothing remains concerning the two assets that a new administrator would deal with.

5. Applicant has not demonstrated that the monies in Co-operative Bank Account No. 0010975075200 were not transmitted to Rael Karuru M’Mbui

6. It appears to me that Rael Karuru M’Mbui executed all her duties under Section 83(g) of the Law of Succession Act. The substitution of the deceased Petitioner would in my considered view not serve any meaningful purpose.

7. Consequently, the summons dated 27th November, 2023 is unmerited and and it is thus disallowed.

DATED AT MERU 15TH DAY OF FEBRUARY 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant - Mr. Mwanzia for Muia Mwanzia & Co. AdvocatesFor Living Waters - Mrs Mutegi for Mutegi Mugambi & Co. Advocates