In re Estate of Waikwa Munuhe (Deceased) [2019] KEHC 5512 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NANYUKI

SUCCESSION CAUSE NO 5 OF 2017

IN THE MATTER OF THE ESTATE OF WAIKWA MUNUHE - DECEASED

J U D G M E N T

1. The Deceased herein, WAIKWA MUNUHE, died on 21/11/1992.  It was not until nearly 25 years later that a grant of letters of administration intestate in respect to his estate was sought in this cause. Such grant was on 16th October, 2017 made and issued jointly to Duncan Muhuhe Waikwa, Maranga Waikwa, Fredrick Maranga and Pauline Gathoni Kararu.  The 4th Administrator subsequently died, and by an order made on 03/04/2019 the surviving three administrators were permitted to continue administering the estate.

2. In the meantime, an application for confirmation of the grant by summons dated 06/08/2018 had been made.  That application is the subject of this judgment.

3. I have read the supporting affidavit filed with the summons for confirmation on 17/08/2018.  I have also seen –

a) The various consents in various forms of the beneficiaries to confirmation of grant.

b) The Schedule of Distribution of the Deceased’s Assets filed together with the summons for confirmation.

c) The Amended Schedule of Distribution of the Deceased’s Assets filed on 04/3/2019 together with the summons dated 27/02/2019 for Substitution of Administrator.

4. Upon the consent of the Deceased’s dependants and other beneficiaries, I will confirm the grant as sought.  Distribution shall be as set out in the Schedule of Distribution of the Deceased’s Assets filed together with the summons for confirmation of grant on 17/08/2018 as amended by the Amended Schedule of Distribution of the Deceased’s Assets filed on 04/03/2019 together with the summons dated 27/02/2019 for Substitution of Administrator.  It is so ordered.

DATED AND SIGNED AT NANYUKI THIS 23RD DAY OF JULY 2019

H P G WAWERU

JUDGE

DELIVERED AT NANYUKI THIS 25TH DAY OF JULY 2019