In re Estate of M’Miriti Thiora (Deceased) [2020] KEHC 9033 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

SUCCESSION CAUSE NO. 65 OF 1999

IN THE MATTER OF THE ESTATE OF M’MIRITI THIORA (DECEASED)

CHARLES MURANGIRI................PETITIONER

-VS-

FESTUS KING’ORI............................OBJECTOR

R U L I N G

1. On 19/9/2019, this court made Judgment and issued fresh grant letters of administration to Charles Murangiri and Festus King’ori. It directed the parties to file affidavits on their preferred mode of distribution within 30 days.

2. While Charles Murangiri filed his on 1/11/2019, Festus King’ori had not filed his as at the time of writing this ruling. In his affidavit filed on 1/11/2019, Charles Murangiriproposed that the estate be distributed as follows:-

a) L. R No. Abothuguchi/Kariene/1880  (1. 214Ha)

Festus Kingori

Charles Murangari           to share equally

b) L. R. No. Abothuguchi/Kaongo/539(0. 38 Ha)

Festus King’ori

c) L.R. No. Abothuguchi/Kariene/1878 (1. 7Ha)

Charles Murangiri

3. The only issue before Court for determination is how the estate of the deceased is to be distributed.

4. The estate of the deceased comprises Land Parcel Abothuguchi/Kariene/1878, 1880 and 539 totalling 8. 1356 acres. As for persons surviving the deceased, they were identified as follows.

1st House

1. Nyai M’Miriti            - Widow

2. M’Nkori M’Miriti        - Son

3. Lucia M’Itwamwari    - Daughter

4. Evangeline Nkunya   - Daughter

5. Marieta Kathambi     - Daughter

6. Rosetta Nkogwe        - Daughter

2nd House

1. Festus King’ori         - Son

2. Kiruja  M’Miriti         - Son

5. The widows of the deceased have passed away. As for the children, only Festus King’oriand Marietta Kathambiare alive. Charles Murangiriis a child of M’Nkori M’Miriti. There was no evidence that there were other children of M’Nkori. Section 38 of the Law of Succession Act stipulates that in intestate circumstances, the estate should be distributed equally amongst the surviving children of the deceased.

6. I have considered the proposed distribution by Charles Murangiri.I have considered his allegation that one of the properties was given to him by the deceased. There was no evidence to back that allegation. In this regard, I make the following orders:-

a) The grant of letters of administration issued to Charles Murangiri and Festus Kingori, jointly, on 19/9/2019 is hereby confirmed.

b) The estate is distributed as follows:-

i) LR. No. Abothuguchi/Kariene/1880  (1. 214Ha)

Charles Murangiri

ii) LR. No. Abothuguchi/Kaongo/539(0. 38 Ha)

Festus King’ori

iii) LR. No. Abothuguchi/Kariene/1878 (1. 7Ha)

Charles Murangiri  - 1. 5 acres

Festus King’ori  - Balance

It is so ordered.

DATED and DELIVERED at Meru this 23rd day of January, 2020.

A. MABEYA

JUDGE