In the matter of Estate of M’ringonyi Kithamba Alias Kithamba Mpuko (Deceased) [2022] KEHC 9896 (KLR)

In the matter of Estate of M’ringonyi Kithamba Alias Kithamba Mpuko (Deceased) (Succession Cause 22 of 2000) [2022] KEHC 9896 (KLR) (7 July 2022) (Ruling)

Neutral citation: [2022] KEHC 9896 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 22 of 2000

TW Cherere, J

July 7, 2022

THE MATTER OF THE ESTATE OF M’RINGONYI KITHAMBA alias KITHAMBA MPUKO (DECEASED)

Between

Julius Mwongera M’Inoti

Applicant

and

Julius Kathurima M’Kithamba

1st Respondent

Joseph Mwiti

2nd Respondent

Ruling

1. By a Certificate of Confirmation of Grant dated September 24, 2020, deceased’s estate comprised in LR. Nyaki/mulathankari/494 was distributed equally as to:i.Julius Kathurima M’Kithambaii.Joseph Mwitiiii.Julius Mwongera M’Inoti to hold his late father’s share in trust for himself and his siblings in equal shares

2. What I gather from Applicant’s supporting affidavit in support of his application dated January 6, 2022 is that:a.The estate has to date not been distributedb.Respondent is not keen to have the estate distributedc.Respondent has made attempts to evict Applicant from the estate

3. 3rd Administrator/Respondent by his replying affidavit sworn on March 7, 2022 says that distribution has been hampered by financial constraint and a demand by the entire family of M’Ringonyi Kithamba claiming a share of the estate.

4. After considering the application in the light of the affidavits on record, I make the following orders:1. Julius Mwongera M’Inoti (1stAdministrator/Applicant), Julius Kathurima M’Kithamba (2nd Administrator/1st Respondent) and Joseph Mwiti (3rd Administrator/2nd Respondent) have failed in their duties imposed on them by Section 83 of the Law of Succession Act and particularly subsection (g) which requires them to complete the administration of the estate within six months from the date of confirmation of the grant and they stand a risk to have the grant revoked or to have any one of them who is impeding completion of distribution removed from the position of an administrator2. Deceased’s estate comprised in LR. Nyaki/mulathankari/494 was distributed equally to Julius Kathurima M’Kithamba, Joseph Mwiti and Julius Mwongera M’Inoti to hold his late father’s share in trust for himself and his siblings in equal shares and not to the entire family of M’Ringonyi Kithamba that is alleged to be claiming a share of the estate3. The administrators shall engage one surveyor (government or private), or their own private surveyors who shall ensure equitable distribution of the estate in compliance with the Certificate of Confirmation of Grant dated September 24, 20204. If the administrators agree on a single surveyor, costs thereof shall equally be borne by the administrators5. In the event that the any of the administrator’s does not execute the transfer documents, the Deputy Registrar of this court is hereby authorized to sign on their behalf6. OCS Meru shall provide security during the exercise of distribution7. Mention on November 16, 2022 to confirm distribution of the estate

DELIVERED AT MERU THIS 07th DAY OF July 2022T. W. CHEREREJUDGEAppearancesCourt Assistant - KinotiApplicant - Mr. Kiruai for Kiautha Arithi & Co. AdvocatesFor 1st Respondent - N/AFor 2nd Respondent - N/A for Gikunda Anampiu & Co. Advocates2nd & 3rd Administrators- Present