MAINA MURIUKI V HAZRON MURANGA MURIUKI & 8 OTHERS [2011] KEHC 252 (KLR)

REPUBLICOF KENYA

IN THE HIGH COURT OF KENYA AT NYERI

SUCCESSION CAUSE NO. 1141 OF 2009

IN THE MATTER OF THE ESTATE OF

MURIUKI KAGO alias

MURIUKI S/O KAGO …………………………………..………DECEASED

AND

MAINA MURIUKI …………………………………………….PETITIONER

Versus

HAZRON MURANGA MURIUKI & 8 OTHERS……….. PROTESTORS

RULING

A grant of letters of administration intestate in respect of the estate of Muriuki Kago, deceased was made to Maina Muriuki hereinafter referred to as the Applicant, on 3rd March 2010.

The applicant took out the summons for confirmation of grant dated 10th February 2011. Hazron Muranga Muriuki, hereinafter referred to as the Protestor filed an affidavit of protest on behalf of himself and on behalf of 8 other protestors to oppose the summons. The applicant proposed for the only asset of the estate i.e. L.R. no. Konyu/Gachuku/205 to be shared as follows:

1. Maina Muriuki                         -       0. 8 acres

2. David Mwangi Muriuki            -       0. 8 acres

3. Patrick Mwangi Muriuki

4. Erastus Kago Muriuki

5. Margaret Wairimu

6. Peter Karanja Muriuki

7. Rehoboam Wakaba Muriuki

8. Hazron Muranga Muriuki                            To get 0. 8 jointly

9. Robert Githendu Muriuki

10. Winfred Wangechi Muriuki

11. Elizabeth Wairimu

12. Charity Gathoni

13. Douglas Ichahi Muriuki

The  protestors proposed the land to be shared in equal portions. I have considered the affidavit evidence and the written submissions. It is not in dispute that the deceased was married to three wives with a total of 13 children. The three wives are all dead. Under section 40 of the Law of Succession Act, where the deceased is survived by children without a spouse, his estate will be shared equally between the children. I think I am convinced the grant should be confirmed on the basis of distribution proposed in the affidavit of protest which I so order. In the end, the protest succeeds. Since the dispute involves siblings I direct that each one of them meets his or her own costs.

Dated and delivered this 14th  day of October 2011

J.K. SERGON

JUDGE

In open court in the presence of the Applicant in person.

J.K. SERGON

JUDGE