In re Estate of the Late Zelipha Wanjiku alias Wanjiku Gachoka (Deceased) [2025] KEHC 3633 (KLR)

In re Estate of the Late Zelipha Wanjiku alias Wanjiku Gachoka (Deceased) (Succession Cause 321 of 2006) [2025] KEHC 3633 (KLR) (25 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3633 (KLR)

Republic of Kenya

In the High Court at Nakuru

Succession Cause 321 of 2006

SM Mohochi, J

March 25, 2025

(Ruling In the Matter of The Estate of The Late Zelipha Wanjiku Alias Wanjiku Gachoka (Deceased) P&A No 321 of 2006)

Ruling

1. Before me is a summons for confirmation of grant dated 4th November 2024 filed pursuant to the directions of this court on 3rd October 2024 and Section 71 of Law Succession Act Cap 160 Laws of Kenya and Rule 40 of Probate and Administration Rules.

2. The motion seeks that, the Grant of Letters of Administration De Bonis Non issued to Mary Nyambura and Ruth Wambul Lugandiru on 3rd October 2024 be confirmed and that cost of this Application be in the cause.

3. The motion is consented to and uncontested and is premised on the grounds that, letters of administration were granted by this Honourable Court on 9th May 2007 to Francis Maina Wanjiku and Ruth Wambul Lugandiru and soon thereafter, Mary Nyambura and Ruth Wambui Lugandiru applied for letters de bonis non which were issued on 3rd October 2024.

4. That, the administrators only intend to distribute the remainder of the non-administered property as per the initial Letters of Administration herein attached.

5. The Court had directed that the summons for confirmation of grant be filed in this probate file as opposed to the P&A no146 of 2024 for good order and that the registration of a fresh probate number was in error.

6. This court has upon hearing advocate Ms. Wanyama and upon scrutiny finds favor with the summons of confirmation of grant dated 4th November 2024 and allows the same as prayed for.

7. The Rectified grant dated 3rd October 2024 is hereby confirmed.

8. The assets of the deceased hitherto remaining undistributed or administered shall be distributed in the following mode as proposed;List Of Properties Who To Inherit Shares

Plot 57 Ngarua Township Sophia Njeri Maina Whole Share

Uns Commercial Plot Rumuruti Township All Beneficiaries To Be Sold And Proceeds Shared Equally Among All Beneficiaries

Laikipia Lariak 146 (7. 1 Acres) Ruth WambuiLugandiruMary NyamburaFrancis Maina Wanjiku,Leah Muthoni,Sammy Ndiritu MainaPeter Mwangi MainaJohn Muraya Maina Share Equally

Laikipia Lariak 146 Ruth WambuiLugandiruMary NyamburaFrancis Maina WanjikuLeah MuthoniSammy Ndiritu MainaPeter Mwangi MainaJohn Muraya Maina 3 ACRES4 ACRES3 ACRES7. 4 ACRES7. 4 ACRES7. 4 ACRES7. 4 ACRES

9. The Administrators are duty bound to conclude the distribution and settle the estate within six (6) months of the confirmation.

10. This ruling has expended P&A No. 146 of 2024 which shall be marked as spent.It is so Ordered.

DELIVERED, DATED AND SIGNED AT NAKURU ON THIS 25TH OF MARCH, 2025. ................................MOHOCHI S.MAINAJUDGE