In re Humphrey Njenga Mwangi Alias Humphrey Njenga Mwangi – (Deceased) [2013] KEHC 6803 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MILIMANI

SUCCESSION CAUSE NO. 2717 OF 2008

IN THE MATTER OF THE ESTATE OF HUMPHREY NJENGA MWANGI alias HUMPHREY NJENGAMWANGI – (DECEASED)

RULING

The application dated 15th February 2013 is brought

at the instance of the administrator of the estate of    Humphrey Njenga Mwangi  deceased.

At the confirmation of the grant on 27th September 2010, it was directed that the bulk of the landed property be divided equally between the seven (7) children of the deceased, but in the meantime be held in trust by their mother, Virginia Njeri Njenga, for the said children.

The administrators now ask that the said trust be dissolved so that the estate is divided as proposed in the certificate of confirmation  dated 27th September 2010 and thereafter be vested in the names of the individual beneficiaries.

The application is not opposed.  The children are all adults, except one. They should get their respective shares so that they can utilise them for the good of the Kenyan economy.

In the circumstances, I will allow the application in the terms proposed.  As Jane Muthoni Njenga is still a minor, her share shall remain in trust under her mother Virginia Njeri Njenga, until such time the minor shall turn eighteen.

Costs shall been the cause.

DATED, SIGNED and DELIVERED at NAIROBI  this 8th DAY OF November,  2013.

W. M. MUSYOKA

JUDGE