In re Estate of Muronga M'Kobia (Deceased) [2022] KEHC 16506 (KLR)

In re Estate of Muronga M'Kobia (Deceased) (Succession Cause 137 of 1990) [2022] KEHC 16506 (KLR) (14 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16506 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 137 of 1990

TW Cherere, J

December 14, 2022

In the Matter of the Estate of Muronga M’Kobia (Deceased)

Between

M’Turuchiu M’Kobia

Petitioner

and

David Mukiira Muromga

Protestor

and

Paul Mwiti M'Turuchiu

Interested Party

and

Joy Kathure

Applicant

Judith Ncenge Muronga

Applicant

Ruling

Introduction 1. By a ruling dated 29th October, 2018, this court made the following orders:1. Martin is therefore is entitled to a share on that basis. I allocate ½ acre to him.2. The balance shall be divided equally between the objector and the interested party – this is on the basis of the principle of representation as they take their respective father’s shares.3. They shall hold the said portion of land on behalf of themselves and that of their siblings.4. The estate property shall be so distributed.5. Grant confirmed

2. Subsequently Certificate of Confirmation dated 06th December, 2018 and rectified on 03rd July, 2019 to the effect that the David Mukiira Muronga and Paul Mwiti M’Turuchiu were to holding their respective ½ shares on behalf of themselves and their siblings.

3. By summons dated 30th November, 2021, Joy Kathure and Judith Ncenge Muronga (1st and 2nd Applicants) seek the following orders:1. Revocation of the grant rectified on 08th April, 20192. Cancellation and consolidation of LR. AbothuguchI/Githongo/4880, 4881 and 4882 to the original number in deceased’s name

4. Application was supported by Joy Kathure who mainly avers that they were not aware of the cause and have been disinherited by a stranger.

5. Application is opposed by the Paul Mwiti M’Turuchiu who by his replying affidavit sworn on 21st November, 2022 avers that the Applicants have not been disinherited since their share is to be held by their brother David Mukiira Muronga on his own behalf and on behalf of his siblings.

6. I have considered the court ruling dated 29th October, 2018 and Certificate of Confirmation dated 06th December, 2018 and rectified on 03rd July, 2019 and contrary to the Applicants’ allegations, the court did not disinherit them but instead directed that their brother David Mukiira Muronga holds their father’s share on his own behalf and on behalf of his siblings. Hence, Applicants should get their share from the portion distributed to their brother and not from their entire estate.

7. It is worthy to note that the order dated 29th October, 2018 was not appealed against. Any issue challenging that ruling cannot be challenged in this court for the reason that this court cannot sit on appeal in its own judgment.

8. From the foregoing, I find that no case has been made out for revocation and it is hereby ordered:1. The summons dated 30th November, 2021 for revocation has not merit and it is dismissed2. The Administrator Paul Mwiti M’Turuchiu is directed to complete the transmission within the next 45 days3. In the event that David Mukiira Muronga and Martin Mwiti decline to sign the transmission documents, this court authorizes the Deputy Registrar of this court to sign on their behalf4. Mention on 20th March, 2023 to confirm distribution

DATED AT MERU THIS 14 TH DAY OF DECEMBER 2022T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiFor Applicants - Present in personFor Protestor - Present in personFor Interested Party - Present in person