In re Estate of Thoithi Gicere Wang’ombe (Deceased) [2019] KEHC 722 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT NAIROBI

(FAMILY DIVISION)

SUCCESSION CAUSE NO 1067 OF 2017

IN THE MATTER OF THE ESTATE OF THOITHI GICERE WANG’OMBE (DECEASED)

WANJIKU WAKERA WANG’OMBE)

WACHUKA GATHIGIA NJOROGE)........................APPLICANTS

R U L I N G

1. The Applicants, Wanjiku Wakera Wang’ombe and Wachuka Gathigia Njorogepetitioned this court for grant of representation of the estate of the deceased on the 23rd of August 2017. At the time they indicated that Milicent Tabu the widow and 5 children had survived the deceased.

2. The Applicants are sisters of the deceased. A consent was filed of all the beneficiaries. I must at this point mention that 3 signatures in the consent appear to have been signed by one hand.

3. The court directed the Applicants to avail a copy of one of the beneficiaries, give status of the widow and avail proof of assets.

4. The above directives were not fulfilled until the 1st of August 2018.

After which the matter was gazetted and on 2nd November 2018. the matter was placed before me for execution of the grant. At the point I ordered that the widow and her children do appear before court to ascertain the reason why the sisters of the deceased were seeking to be administrators on the face of adults who rank in priority.

5. The court was later to be informed of the widow’s death, the mother to the older children having divorced the deceased much earlier.

6. The older children in an affidavit dated 8th of October 2019 granted consents to the appointment of Applicants. In addition, adequate reasons were advanced to the court’s satisfaction. Consequently, the grant may issue to the Applicants accordingly.

Dated and Delivered in Nairobi on this 19th day of December, 2019

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ALI-ARONI

JUDGE