In re Esttae of Katherine Nduku Nthenge (Deceased) [2024] KEHC 9302 (KLR) | Succession | Esheria

In re Esttae of Katherine Nduku Nthenge (Deceased) [2024] KEHC 9302 (KLR)

Full Case Text

In re Esttae of Katherine Nduku Nthenge (Deceased) (Succession Cause 1413 of 2012) [2024] KEHC 9302 (KLR) (Family) (19 July 2024) (Ruling)

Neutral citation: [2024] KEHC 9302 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 1413 of 2012

SN Riechi, J

July 19, 2024

IN THE MATTER OF THE ESTATE OF KNN (DECEASED)

Ruling

1. This is an application for review of the Judgement of this court dated 27th March 2024. The grounds for the application is that there are apparent errors in the judgment in respect of distribution of the property to the beneficiaries. The errors in the Judgment are:1. Education Policy No. PR00XXX62 by Kenindia where the nominee is Lawrence Kiprotich and not Victor Kipkoech as indicated in the Judgment.2. The proceeds deposited in Co-operative Bank A/c 0111630 459 2XX totaling to Ksh. 235,000/- which should be distributed as per clause 2 of the annexed affidavit dated 16. 4.2021. 3.That Kitengela/Kaputiei/North/12838 was not part of the estate as it belonged to Agnes Cherotich Sitonik and it is not available for distribution.

2. I have considered the application. I am satisfied that there were errors in the distribution. The schedule of distribution is hereby rectified as follows:Name Description of Properties Share of Heirs

Lawrence Kiprotich Sang · Education policy P2008XXX2 of Kshs.200,000/- from Kenindia Assurance Absolutely

Agnes Cherotich Sitonîk. Sharon Chemutai, Anneth Chepkorir Lawrence Kiprotich Sang Victor Kipkoech Sang · Parcel of Land LR. No. Kericho/ Kaptebengwet/661 measuring 3 hectares (3 Ha)· Kshs. 235,000/= held at Cooperative bank, Enterprise Road Branch, Nairobi (Account Number 01116304XXXX0)· Kshs. 6, 945/= held at Equity Bank, Donholm Branch Nairobi (Account Number 08201955XXXX9) In Equal Shares

Agnes Cherotich Sitonîk. Sharon Chemutai, Anneth Chepkorir Lawrence Kiprotich Sang Victor Kipkoech Sang · Motor Vehicle Reg. No. KBC 488 V. The Proceeds from the sale of Motor Vehicle No. KBC 488 V. to of Ksh.560,000/- to be equally shared between them.

DATED AT NAIROBI THIS 19TH DAY OF JULY, 2024. S. N. RIECHIJUDGE