In re Estate of the Late Tumbo Lavu (Deceased) [2025] KEHC 9085 (KLR)

In re Estate of the Late Tumbo Lavu (Deceased) (Succession Cause 80 of 2011) [2025] KEHC 9085 (KLR) (26 June 2025) (Ruling)

Neutral citation: [2025] KEHC 9085 (KLR)

Republic of Kenya

In the High Court at Machakos

Succession Cause 80 of 2011

EN Maina, J

June 26, 2025

IN THE MATTER OF THE ESTATE OF THE LATE TUMBO LAVU (DECEASED)

In the matter of

Peter Tumbo Lavu

1st Petitioner

Mutua Tumbo

2nd Petitioner

Alexander Mutunga Wathome

3rd Petitioner

Ruling

1. I have considered the Summons for rectification of the certificate of confirmed grant, dated 11th May 2025. The same is granted save that the 3. 1 acres purportedly given to Elizabeth Wangari Gathua and the 25 acres given to Jackson Mbithi Kimeu out of Athi River Block 8/16 shall instead be registered in the names of the three Administrators of the estate and the beneficiaries of the estate shall consent to the same being transferred to the two strangers by the Administrators in the usual manner of transfer but not through transmission, or the same be distributed to the three houses of the deceased as has been done with the rest of Athi River/Athi River Block 8/16.

2. The application succeeds to that extent only but is rejected in regard to distribution of shares to strangers to the estate.

3. A rectified certificate of confirmed grant shall issue in accordance with this ruling but not in the manner proposed by the administrators.Orders accordingly.

RULING SIGNED, DATED AND DELIVERED VIRTUALLY ON THIS 26THDAY OF JUNE, 2025. E. N. MAINAJUDGEIn the presence of:Mr. Muema for Mr. Mutava Advocate for the ApplicantNo appearance for the RespondentsGeoffrey - Court Assistant