In re Estate of Ngarachu Gaitha- Deceased [2018] KEHC 7503 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

SUCCESSION CAUSE NO 470 OF 2014

IN THE MATTER OF THE ESTATE OF NGARACHU GAITHA- DECEASED

JACINTA WARUINU KARIUKI………………….……….…...APPLICANT

J U D G M E N T

1. A grant of letters of administration intestate was made herein on 09/06/2015 to Jacinta Waruinu Kariuki.  The same was issued on 06/07/2015.

2. By summons dated 01/04/2016 the Administrator sought confirmation of that grant.  I have read the application and supporting affidavit.   To the application is also annexed a consent in Form 37 signed by all the beneficiaries except one John Ngarachu Ihura.  Despite being accorded due opportunity to file an affidavit of protest as intimated by his learned counsel, he never did so.  He has nevertheless been catered for in the distribution proposed by the Administrator, along with, and in equal measure to, the other beneficiaries.

3. At the hearing of the application for confirmation, the aforesaid John Ngarachu Ihura made no representations.  He was still represented by counsel.

4. Having considered the material now before the court, I will allow the application and confirm the grant as sought.  Distribution shall be as proposed at paragraph 6 of the supporting affidavit.  It is so ordered.

DATED AND SIGNED AT MURANG’A THIS 15TH DAY MARCH 2018

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 16TH DAY OF MARCH 2018