In re Estate of The Late John Nthiwa Nthenge (Deceased) [2020] KEHC 6762 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MACHAKOS

SUCCESSION CAUSE NO. 984 OF 2012

IN THE MATTER OF THE ESTATE OF THE LATE JOHN NTHIWA NTHENGE (DECEASED)

BONIFACE MWANGANGI NTHENGE............1STADMINISTRATOR/PROTESTOR

V E R S U S

JOSEPH MUTHOKA NTHENGE........................2ND ADMINSTRATOR/APPLICANT

RULING

1. This court vide its Ruling dated 2/04/2019 confirmed the grant in terms proposed by the Administrators vide paragraph 5 of the Affidavit in support of the summons for confirmation of grant sworn on the 4/06/2013.  In the said ruling the court dismissed the 1st Administrator’s protest dated 29/11/2013.  The court had further directed that the beneficiaries do appear in court to consent to the proposed mode of distribution since most of them appear not to have signed the consent to confirmation of grant.  However none of the beneficiaries turned up despite the fact that they are all adults.  Learned counsels took directions regarding the filing of proposed mode of distribution by each of the administrators.  It is only the 2nd Administrator who filed an affidavit of distribution dated 16/07/2019 while the 1st administrator did not file any.  It is also noted that the 2nd administrator has not made any proposal on the distribution of parcel Mbee/Kathiani/1094.  The estate comprises of eight properties namely Mbee/Kathiani/415, 1072, 1094, 1119, 966,340, 748and1059.  In the absence of the beneficiaries as well as lack of proposal by the 1st administrator, I find it is appropriate to have the estate distributed as  prosed vide the summons for confirmation of grant namely that all the eight properties be registered in the names of Boniface Mwangangi NthiwaandJoseph Muthoka Nthiwa to hold in trust for the  other beneficiaries named in the consent to confirmation of grant namely:-

Phoebe Mutio,

Julius Kimalu Nthiwa

Francis Kioko Nthiwa

Wilfred Mutuku Nthiwa

Willy Nthiwa Nthenge

Esther Katoko Nthiwa

Winnie Syomiti Nthiwa

Daniel Mumo Nthiwa

Maingi Nthiwa

Serah Nduku Nthiwa

Kalumbi Nthiwa

Dorothy Mukeli Nthiwa &

Nzula Nthiwa

As the court has already made a determination on the two properties in dispute namely Mbee/Kathiani/340and748 the administrators are hereby directed to proceed and distribute the properties to the said beneficiaries without any further delay.

It is so ordered.

Dated and Delivered at Machakos this  21st day of April, 2020.

D.K. Kemei

Judge