In re Estate of Mwirichia Ntuku (Deceased) [2024] KEHC 1678 (KLR)

In re Estate of Mwirichia Ntuku (Deceased) (Succession Cause 17 of 2009) [2024] KEHC 1678 (KLR) (22 February 2024) (Ruling)

Neutral citation: [2024] KEHC 1678 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 17 of 2009

TW Cherere, J

February 22, 2024

IN THE MATTER OF THE ESTATE OF MWIRICHIA NTUKU (DECEASED)

Between

Jerevasio Muriuki

Administrator

and

Susan Gateti

Administrator

Ruling

Background 1. By a ruling dated November 2, 2023, this court made the following orders:1. Letters of administration issued to Jerevasio Muriuki on March 18, 2009 are hereby revoked2. Letters of administration be issued jointly to Jerevasio Muriuki and Susan Gateti3. Deceased’s estate comprised in LR. Nyaki/Giaki II/66 shall be distributed in equal shares to the following:i.Jerevasio Muriukiii.The estate of Saberio Kaumbuthu (deceased)iii.The estate of Basirio Marete M’ Mwirichia (deceased)iv.Ciliberia Kaburo M’ Muriithi4. At the point of distribution, the surveyor shall ensure to reduce the share for the Estate of Basirio Marete M’ Mwirichia (deceased) with an equivalent of the size of LR. Nyaki/Nkabune/248 measuring 0. 12 Ha or 0. 29 acres or thereabout.5. Each party shall bear its own costs6. Mention February 5, 2024 to confirm compliance with these orders and/or directions

2. Subsequently, letters of administration nad certificate of confirmation of grant dated November 2, 2023 and November 8, 2023 were issued accordingly.

Summons 3. By notice of motion dated December 19, 2023, supported by an affidavit sworn on even date, Susan Gateti (2nd administrator/applicant) faults Jerevasio Muriuki (1st administrator/respondent) for declining to sign the requisite transmission documents for purposes of distribution of the estate to the beneficiaries of the estate.

4. 2nd administrator/applicant therefore seeks orders that:1. The court issue an order that the deputy registrar of this court executes all the necessary documents in place of Jerevasio Muriuki for purposes of transmission of the estate of the deceased as the certificate of confirmation of grant dated issued on November 8, 20232. Costs be provided for

5. The summons was served on M/s J.G.Gitonga Advocates for the 1st administrator/respondent but there was neither a response nor attendance on the hearing date.

Analysis and Determination 6. Section 83(g) of the Law of Succession Act requires that an estate of a deceased be distributed within six months of confirmation of grant or longer period as the court may allow.

7. A period of 2 months has passed since the grant was confirmed and the administrators are within the time provided for distribution of the estate.

8. In the end, the summons dated December 19, 2023 is considered nad it hereby ordered:1. If after the lapse of 6 months from November 2, 2023, any of the administrators will not have signed the transmission documents, the deputy registrar of this court is authorized to execute, on behalf of such defaulting party, the requisite documents for transmission of the estate of the deceased in accordance with the certificate of confirmation of grant dated November 2, 2023 and issued on November 8, 20232. Costs shall be in the course3. Mention on June 12, 2024 to confirm compliance with these orders and transmission of the estate

DELIVERED IN MERU THIS 22ND DAY OF FEBRUARY 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor 2nd Administrator/ Respondent -Mr. Gitonga for J.G.Gitonga & AssociatesFor 1st Administrator/Applicant -Ms. Maore for Maore Kambura & Co. Advocates