In Re Estate of Ngaruiya Kinuthia Nginya (Deceased) [2014] KEHC 2703 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

SUCCESSION CAUSE NO. 2191 OF 2010

IN THE MATTER OF THE ESTATE OF NGARUIYA KINUTHIA NGINYA (DECEASED)

RULING

1.  The application dated 16th October 2010 seeks rectification of the grant issued on 7th April 2011 and confirmed on 26th November 2012.  The basis for the proposed distribution is that there were four (4) assets had that been left out of the confirmation.

2.  The grant made on 7th April 2011 was to two administrators, yet only one of them is party to the application dated 16th October 2013.  There is no evidence that the other administrator is aware of the said application, nor that he has consented to it.

3.  I note that the applicant administrator proposes that the four (4) omitted assets be included in the distribution and thereafter devolve wholly upon her.  There are other survivors, yet there are no consents executed by the said survivors to support the proposed devolution.

4.  I will not allow the application dated 16th October 2013.  Instead, I shall direct the applicant to fix the application for hearing on a date at which all the survivors of the deceased should attend.

5.  It is so ordered.

DATED, SIGNED and DELIVERED at NAIROBI this 3rd DAY OF October 2014.

W. MUSYOKA

JUDGE

In the presence of Mr. Njuguna for advocate for the applicant.