In re Estate of Tabitha Nyambura Kinuthia (Deceased) [2019] KEHC 11851 (KLR) | Succession | Esheria

In re Estate of Tabitha Nyambura Kinuthia (Deceased) [2019] KEHC 11851 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

SUCCESSION CAUSE NO. 2948 OF 2013

IN THE MATTER OF THE ESTATE OF TABITHA NYAMBURA KINUTHIA (DECEASED)

HANNAH WANJIKU............................................APPLICANT

VERSUS

LUCY NJOKI GICHURU..................................RESPONDENT

RULING

1. The preliminary objection dated 12th September 2019 by the respondent/administrator Lucy Njoki Gichuru against the applicant Hannah Wanjiku is  not sustainable. The deceased died intestate on 11th October 2001.  She had 6 daughters.  The administrator was one of them.  She petitioned for, and was issued with, letters of administration intestate.  The deceased had only one parcel Dagoretti/Rithumitu/589.  Before the grant was confirmed, the administrator sold a portion of the land to the applicant.  The family agreed with the sale, and at confirmation allowed the distribution to include the applicant as a beneficiary.  A certificate was issued in which all the daughters and the applicant got each her portion.  When the administrator refused and/or failed to transfer to the applicant her portion, the latter brought the application dated 17th October 2016 seeking that, among other things, the executive officer of this court be empowered to sign all papers to effect the transfer.

2. In short, this is not a dispute about the ownership of the plot in question.  There is no outstanding dispute regarding the agreement signed between the administrator and the applicant.  A court that has issued a certificate of confirmation must supervise the distribution of the estate and complete the administration of the estate by the administrator.  The disputed portion is part of the estate of the deceased which the administrator has acknowledged she sold to the applicant and which she is obligated under the Law of Succession Act to pass on.

3. Consequently, this court has jurisdiction to hear and determine the application dated 17th October 2016.  The preliminary objection dated 12th September 2019 is dismissed with costs.

DATED and SIGNED at NAIROBI this  28TH day of OCTOBER 2019

A.O. MUCHELULE

JUDGE