In re Estate of Mutiga M'Ithiringi (Deceased) [2024] KEHC 5564 (KLR)

In re Estate of Mutiga M'Ithiringi (Deceased) (Succession Cause 141 of 2005) [2024] KEHC 5564 (KLR) (25 April 2024) (Ruling)

Neutral citation: [2024] KEHC 5564 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 141 of 2005

TW Cherere, J

April 25, 2024

Between

Julia Mainda Mutiga (Deceased)

1st Administrator

Stanley Kiuru (Deceased)

2nd Administrator

and

Janet Karimi M’Mbura

Applicant

Ruling

1. Deceased’s estate comprising of Njia/Burieruri/1632 and Njia/Cia-mwendwa/844 was distributed by Certificate of Confirmation of Grant issued on 07th December, 2011.

Summons 1. By summons dated 11th December, 2023, Janet Karimi M’Mbura (Applicant) seeks the following orders: That-1. She be appointed as the sole administrator of Deceased’s estate2. Certificate of Confirmation of Grant issued on 07th December, 2011 be rectified and amended the estate be distributed as follows:1. The share for Julia Mainda Mutiga equally to her children Janet Karimi M’Mbura, Mukomwa Nathan Kungutia and Sabina Atii Bernard2. The share for Stanley Kiuru equally to his wife Grace Mwothiru and son Patrick Mugambi Kiuru

Analysis and Determination 2. Certificates of search for Njia/Burieruri/1632 and Njia/CiA-mwendwa/844 reveal that decease’s estate has to date not been distributed.

3. Whereas a certificate of death for Julia Mainda Mutiga has been availed, no evidence has been tendered to demonstrate that Stanley Kiuru is equally deceased.

4. It is therefore hereby ordered:1. Janet Karimi M’Mbura is appointed as administrator in place of Julia Mainda Mutiga2. Letters of Administration shall issue in the name of Julia Mainda Mutiga and Stanley Kiuru3. Certificate of Confirmation of Grant issued on 07th December, 2011 be rectified and amended and the share for Julia Mainda Mutiga be distributed equally to her children Janet Karimi M’Mbura, Mukomwa Nathan Kungutia and Sabina Atii Bernard

3. Mention on 19th September, 2024 to confirm compliance with these orders and for any such further orders

DELIVERED IN MERU 25th__ Day ofApril__ 2024********WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant -Ms. Kimathi for Carlpeters Mbaabu & Co. AdvocatesPage 3 of 3