In re Estate of Silas Muriithi Mugambi [2024] KEHC 6472 (KLR)

In re Estate of Silas Muriithi Mugambi (Succession Cause 23 of 2009) [2024] KEHC 6472 (KLR) (30 May 2024) (Ruling)

Neutral citation: [2024] KEHC 6472 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 23 of 2009

TW Cherere, J

May 30, 2024

Between

SKM (Minor) thro mother and next friend Carol Daisy Mwenda Ngai)

Applicant

and

SNM

Respondent

and

Lucy Kinanu Muriithi

Petitioner

Dr George Koome Muriithi

Petitioner

Ruling

1. The estate in this matter was distributed vide the Certificate of Confirmation in this issued on 20th August, 2013 and out of the estate, five assets were distributed to Erick Mwenda Muriithi (Deceased Beneficiary).

2. Following the death of Erick Mwenda Muriithi on 18th July, 2023, this court by an order dated 25th January, 2024 declined to redistribute the shares of Erick Mwenda in this cause and directed that the Certificate of Confirmation of Grant issued on 20th August, 2013 shall be rectified to the extent that Erick Mwenda Muriithi’s shares shall vest in his estate.

3. The issue of who shall be the administrators of the estate of Erick Mwenda Muriithi shall no doubt be determined in his estate whose cause is yet to be filed. Similarly, the issue of appointment of the Applicant herein as signatory of the rent account accruing from the estate of Erick Mwenda Muriithi, which account is yet to be opened ought to be determined in the matter of the estate of Erick Mwenda Muriithi.

4. Consequently, the chamber summons dated 22nd February, 2024 that seeks appointment of Carol Daisy Mwenda Ngai as an administrator of the estate of Erick Mwenda Muriithi and signatory to the rent account that is yet to be opened is declined.

DATED AT MERU THIS 30TH DAY OF MAY 2024WAMAE. T. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant - Mr. Mugo for I.C.Mugo & Co. AdvocatesFor Respondent - Ms. Athieno for J.K.Ntarangwi & Co. Advocates& Ms. Nelima for J.Nelima Associates & AdvocatesFor Petitioners - Ms. Mugo for Gichunge Muthuri & Co. Advocates