In Re the Estate of Evanson Mwangi Murang'u (Deceased) [2013] KEHC 1153 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

SUCC CAUSE NO. 2211 OF 2001

IN THE MATTER OF THE ESTATE OF EVANSON MWANGI MURANG'U - DECEASED

RULING

The application dated 18th February 2013 is by a beneficiary, Paul Muragu Mwangi, a son of the deceased.  The principal prayer in the application is that the court do direct the administrators to distribute the estate to the beneficiaries without further delay.  He asks that in the alternative the court do order the Deputy Registrar to sign all the relevant documents to effect transfer of the assets to the beneficiaries.

The applicant avers in his affidavit sworn on 18th February 2013 that the grant was confirmed on 31st March 2009 and rectified on 23rd September 2010.  Since then the administrators have not taken steps to  distribute the estate.

Upon being served with the application, the administrators replied through Eliud Kariuki, who swore an affidavit on 25th April 2013.  He accuses the applicant of frustrating the exercise of distributing the estate by failing to account for rent collected from one of the estates, being Plot No. 336/322.  He has also be accused of disposing of some of the assets.

I have perused the record.  I have noted that the grant herein was confirmed on 31st March 2009 and rectified on 23rd September 2010.  The assets have been allocated to the beneficiaries according to the certificate of confirmation of grant on record.

After carefully going through the replying affidavit sworn by Eliud Kariuki, I have been unable to get a single explanation for the failure by the administrators to facilitate vesting of the assets in the names of the beneficiaries.  He says that there is an issue of accounts relating to one of the assets – the pendency of that issue does not in any way, in my view affect distribution. He alleges that the applicant has disposed of some assets.  The alleged assets are not disclosed, and in any event the alleged disposal does not explain why the assets that are unaffected by the unlawful disposal have not been distributed to those entitled to them.

The application dated 18th February 2013 is merited.  The administrators have 60 days to complete administration of the estate by distributing the assets following the scheme set out in the certificate of confirmation of grant dated 31st March 2009 and amended on 23rd September 2010.  The matter shall be mentioned after 60 days to monitor compliance.  Costs of the application shall be borne by the estate.

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

W.M. MUSYOKA

JUDGE