In re the Estate of Mungai Kamau alias Mungai Kingoi Githothero (Deceased) (Deceased) [2017] KEHC 6042 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

SUCCESSION CAUSE NO. 375 OF 2008

IN THE MATTER OF THE ESTATE OF MUNGAI KAMAU

ALIASMUNGAI KINGOI GITHOTHERO (DECEASED)

RULING

Through Chamber Summons dated 14th March, 2017, the applicant Margaret Nyambura Mungai the administrator herein sought for orders directing the Land Registrar Kiambu to sub-divide and erect beacons on the deceased’s estate in particular L.R. Kiambaa/Kihara/1086 and same be shared out amongst herself and her 7 seven children in equal shares.

Secondly, that the respondent Wilson Kamau Mungai one of her sons also a beneficiary be directed to sign all necessary and or relevant documents to facilitate subdivision and transfer and lastly, OCS Kiambu to provide security.

Application is premised on grounds on the face of it and affidavit in support sworn by the applicant on 21st February, 2017.

The applicant relied on Judge Kimaru’s judgment herein dated 24th day of November, 2011 which nullified the confirmed grant in the lower court and consequently ordered for the land in question to be shared out equally amongst the applicants seven children.

She however does not know that the said judgment did not provide any share for her.

The certificate of confirmation issued the same day gave the entire land LR Kiambaa/Kihara/3551 to the seven sons namely Wilson Kamau, Peter Munyui, Nganga Mungai, Stephen Ndungu Mungai, Karanja Mungai, Wilson Kimani and Gaturu Mungai in equal shares.

For the applicant to demand for a share which she was not provided for at this stage is untenable.  She and her son Wilson Kamau are joint administrators hence should have provided for herself.

Unless Kimaru’s judgment is reviewed and grant amended for good reason, the prayer sought herein is not tenable.

In the circumstances, the application herein is disallowed and the same dismissed with no order as to costs.

DATED AND DELIVERED AT NAIROBI THIS 23RD DAY OF MARCH, 2017.

J.N. ONYIEGO (JUDGE)

23/3/2017