In re Estate of Nahashon M’mwongo alias Nahashon Mwongo (Deceased) [2023] KEHC 24507 (KLR)

In re Estate of Nahashon M’mwongo alias Nahashon Mwongo (Deceased) (Succession Cause 401 of 2013) [2023] KEHC 24507 (KLR) (26 October 2023) (Ruling)

Neutral citation: [2023] KEHC 24507 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 401 of 2013

TW Cherere, J

October 26, 2023

Between

Polly Kanyua Ikiugu

Applicant

and

Andrew Gikunda Raikanya

Respondent

Ruling

1. By an order dated March 16, 2023, this court issued the following orders among others that:1. Title numbers 4764, 4765, 4766, 4767, 4768, 4769 and 4770 arising out of subdivision of LR. Nyaki/Mulathankari are hereby cancelled2. Certificate of Confirmation of Grant issued on June 23, 2022 shall be rectified by distributing deceased’s estate in LR. Nyaki/Mulathankari/154 equally to deceased’s children as follows:a.1/7 to Angelina Nkirote Munganiab.1/7 to the estate of Julius Raikanya (deceased)c.1/7 to the estate of Miriam Mukuba (deceased)d.1/7 to Josephine Mwari Nyagae.1/7 to the estate of George Mbajo (deceased)f.1/7 to the estate of Rose Nthama (deceased)

2. I have considered the application for review dated September 5, 2023 and the submission by the respondent’s counsel that there is indeed an error on the face of the record that necessitates a review.

3. The order dated March 16, 2023 reveals that there is indeed an error on order No. 2 above in that whereas the estate was to be distributed into 7 parts, the name of the Applicant was inadvertently omitted.

4. It is therefore hereby ordered:1. Summons dated September 5, 2023 is allowed in the following terms:a.Order 2 of the Orders issued on March 16, 2023 is reviewed by inserting the name of Polly Kanyua Ikiugu as follows:i.1/7 to Angelina Nkirote Munganiaii.1/7 to the estate of Julius Raikanya (deceased)iii.1/7 to the estate of Miriam Mukuba (deceased)iv.1/7 to Josephine Mwari Nyagav.1/7 to the estate of George Mbajo (deceased)vi.1/7 to the estate of Rose Nthama (deceased)vii.1/7 to Polly Kanyua Ikiugu2. Mention on 14th December to confirm distribution

DATED AT MERU THIS 26TH DAY OF OCTOBER 2023WAMAE. T. W. CHEREREJUDGEAppearancesFor Respondent - Ms. Asuma for Mutembei & Kimathi & Co. AdvocateFor Applicant - Mrs Mutegi for Mutegi Mugambi & Co. Advocates