In re Estate of Susan Nyambura Kamau (Deceased) [2024] KEHC 13938 (KLR)

In re Estate of Susan Nyambura Kamau (Deceased) (Succession Cause 599 of 2009) [2024] KEHC 13938 (KLR) (5 November 2024) (Ruling)

Neutral citation: [2024] KEHC 13938 (KLR)

Republic of Kenya

In the High Court at Nyeri

Succession Cause 599 of 2009

DKN Magare, J

November 5, 2024

IN THE MATTER OF THE ESTATE OF SUSAN NYAMBURA KAMAU (DECEASED

Between

Johnson Kamau Gachoka

Applicant

and

Peter Gituro Kamau

Respondent

Ruling

1. The parties herein appeared before me wrangling on an essentially concluded matter. The administrator does not appear to understand his role. I am satisfied that he has not administered the estate.

2. It is fair to exercise my discretion in order to facilitate the administration. It appears that Johnson Kamau is claiming ownership as opposed to being an administrator. The other administrator is demonstrably sick. I therefore revoke the grant and retire the current administrator. In lieu thereof I issue a fresh grant to Eddah Nyaguthi Kamau ID No. xxxxxx as the sole administrator of the estate of the deceased herein.

3. The new administrator to ensure that the estate is divided equally and ensure LR. Githi/Kirerema/142 is shared equally among the following:-a.Johnson Kamau Gachoka – ID No. xxxxxxb.Peter Gituru Kamauc.Rose Wambere Kamaud.Eddah Nyaguthii Kamaue.David Mwangi Kamauf.Stephen Njeri Kamau

4. The grant is accordingly confirmed. Further, the administrator to collect the estate and recover accounts by 5/5/2025 for all parcels and property of the late Susan Nyambura Kamau (deceased).

5. Where there is need, the OCS Mukurweini Police Station to provide assistance.

DELIVERED, DATED AND SIGNED AT NYERI ON THIS 5TH DAY OF NOVEMBER, 2024. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.KIZITO MAGAREJUDGEIn the presence of:-Applicant – presentBeneficiaries – present (list)Court Assistant – Jedidah