In Re the Estate of Kiloti Mutinda [2014] KEHC 6365 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

SUCCESSION CAUSE  NO. 534 OF 2011

IN THE MATTER OF THE ESTATE OF KILOTI MUTINDA (DECEASED)

AND

MULU NDAKU MUTINDA.......................................PETITIONERS

RULING

This is an application for Rectification of a Grant.  It seeks orders as follows:-

That the Grantof Letters of Administrationconfirmed on 20th July, 2012 and issued on the 1st October, 2012 to the said Nzoka Kiloti Mutinda and Mulu Ndaku Mutinda in this matter be reviewed and/or revoked and fresh letters re-issued in order to substitute and/or delete the names Nzoka Kiloti Mutinda who died on 16th September, 2013 and who is the first administrator and/or beneficiary of the Estate of the deceased herein.

That the honourable court be pleased to order that Jackson Musyoka Mwambui do substitute the said Nzoka Kiloti Mutinda as the 1st administrator of the estate of the deceased herein.

Thatthe said Mulu Ndaku Mutinda and Jackson Musyoka Mwambui be given ½ (half) share of land parcel Nzaui /Nziu/57.

Thatcosts herein be paid out by the Estate of the deceased.

The application is supported by an affidavit deponed by Mulu Ndaku Mutinda an Administrator of the estate of Kiloti Mutinda (deceased). He depones that a Grant of Letters of Administration was issued to him and the deceased.  There is need for substitution of the deceased.  He further prays for the portion of land that was to be distributed to the deceased to be shared equally between him and his surviving brother since the deceased did not have any nuclear family.

A consideration of status of this case shows that the deceased was survived by Nzoka Kiloti Mutinda a son aged 87 years and his nephew Mulu Ndaku Mutinda and Jackson Musyoka Mwambui his nephews aged 77 and 55 years respectively.  Nzoka Kiloti Mutinda and Mulu Ndaku Mutinda were issued with a Grant of Letters of Administration intestate. The grant was confirmed whereby assets were distributed between Kiloti Mutinda and Maithya Mbulu.  Each was entitled to ½ share of Plot No. Nzaui/Nziu 57 measuring 14. 0 Hectares

By a burial Permit No. 139142 the Applicant has demonstrated that Nzoka Kiloti Mutinda died on 16th September, 2013.  At the hearing the applicant and his co-beneficiary stated that the deceased was not survived by any beneficiary. It is evident that Jackson Musyoka a beneficiary of the estate of the deceased had not been given any share of the Estate of the deceased.   I therefore allow the application by making orders as follows.

Nzoka Kiloti Mutinda shall be substituted as an Administrator of the Estate of Kiloti Mutinda by Jackson Musyoka Mwambui.

Prior to rectification of the Certificate of Confirmation of Grant a letter be availed from the Area Chief to establish that the deceased Nzoka Kiloti Mutinda had no heirs/dependants.

DATED, DELIVERED and SIGNEDthis 24thday of JANUARY, 2014.

L.N. MUTENDE

JUDGE