In re Estate of Monicah Nyakaro Njuguna (Deceased) [2024] KEHC 10355 (KLR)

In re Estate of Monicah Nyakaro Njuguna (Deceased) (Succession Cause 9 of 2017) [2024] KEHC 10355 (KLR) (21 August 2024) (Ruling)

Neutral citation: [2024] KEHC 10355 (KLR)

Republic of Kenya

In the High Court at Naivasha

Succession Cause 9 of 2017

GL Nzioka, J

August 21, 2024

In the matter of

Mary Njeri Kimemia

Applicant

Ruling

1. The ruling herein relates to summons for confirmation of grant dated 6th March 2024. The applicant who is the Administrator of the Estate of the deceased Monicah Nyakaro Njuguna alias Monikah Nyararo Njuguna prays that the letters of administration intestate issued to her on 14th July 2023 be confirmed and the costs of the application be in the cause.

2. The application is supported by the applicant’s affidavit in support thereof. The subject affidavit lists the beneficiaries of the Estate of the deceased at paragraph 2 thereof.

3. On the 13th day of March 2023, the court noted that, three (3) of the beneficiaries were not in court. Two of them named; Rose Nyambura Thiongo and George Kinyanjui were said to be deceased while Francis Njoya Njuguna was said to have gone missing.

4. Subsequently the representative of Francis Njoya Njuguna availed a court order dated; 13th May 2024 issued at Nyandarua High Court vide High Court Miscellaneous Application No 1 of 2024 whereby the court ordered that the subject Njoya Njuguna be presumed dead.

5. The husband of Rose Nyambura Thiongo on his part indicated that he had availed her death certificate, although I cannot see a copy on the file. I direct the Hon. Deputy Registrar to trace the same and place it on the court file.

6. It is also indicated that, David Thiongo Njoroge the husband of the deceased Rose Nyambura was in the process of obtaining a limited grant of letters of administration intestate to allow him acquire legal and locus standi to represent the estate of the deceased; Rose Nyambura.

7. As regards George Kinyanjui Njuguna, it was stated that, he had no family hence his bequeath has abated on his death.

8. Pursuant to the afore said I direct that, the Hon. Deputy Registrar call for the said limited grant of letters of administration intestate (if available) and a death certificate in relation to Rose Nyambura Thiogo and revert the file to court on or before the 26th day of August 2024, to enable the court issue final orders in this otherwise old matter. The In-charge Registry to ensure this order is brought to the attention of the Hon. Deputy Registrar and the parties and be acted on accordingly.

DATED, DELIVERED AND SIGNED THIS 21ST DAY OF AUGUST 2024. GRACE L. NZIOKAJUDGEIn the presence of:N/A by the applicantMs. Ogutu: court assistant