Mary Karambu Mutiria & William Mugambi Muketha v Rebecca Kathure Muketha [2017] KEHC 2793 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

SUCCESSION CAUSE NO. 341 ‘B’ OF 2002

IN THE MATTER OF THE ESTATE OF M’MUKETHA M’TWAMWARI  (DECEASED)

MARY KARAMBU MUTIRIA........1ST APPLICANT/2ND ADMINISTRATOR

WILLIAM MUGAMBI MUKETHA..2ND APPLICANT/3RD ADMINISTRAOR

VS

REBECCA KATHURE MUKETHA.............RESPONDENT/1ST APPLICANT

RULING

By a judgment delivered by J. A. Makau Judge on 19th day of February 2013 grant issued on 19th February 2003 in respect of the estate of M’Muketha M’Twamwari was issued to:

1. Rebecca Kathure Muketha was revoked and fresh grant issued in the name of Rebecca Kathure Muketha William Mugambi Muketha and Mary Karambu Mutuma;

2. All titles arising out of Confirmed grant issued on 30th June 2008 were cancelled and same ordered to revert to deceased name.  Order was to be served on Registrar Imenti North District to comply.

3. The joint administrators were given 60 days to file joint scheme of distribution on separate scheme of distribution and set matters done for confirmation of grant.

By summons dated 1st October 2014 Mary Karambu and William Mugambi Muketha filed application for confirmation supported by affidavit in which at paragraph 5,6 and 7 sought to be allowed to execute application for confirmation as the 1st administrator had refused to sign consent.

Rebecca Muketha filed mode of distribution dated 25th June 2013 in which the sons were given 4 acres each while herself and their daughters got one acre each from P.No. 449 Ruiri Rwarera Adjudication sections and 2 acres each for the sons from Ntima/Ntakira/553 and balance which is unspecified to herself.

Mary Karambu on behalf of Objectors/2nd and 3rd Administrators filed proposal for distribution in which Rebecca Kathure Muketha was to get 0. 5 acres, William Mugambi 2 acres, Jacob Kirema 2 acres, Charles Mburugu 2 acres and Mary Karambu and Joan Kathure was to share equally 0. 75 acres and Janet Kendi and Rhoda Gatwiri were also to share 0. 75 acres equally from parcel No. Ntima/Ntakira/553.

It was also proposed by Mary Karambu that from P. No 449 Ruiri Rwarera Adjudication Section Rebecca Kathure Muketha was to get one acre which she had already sold. William Mugambi, Jacob Kirima and Charles Mburugu were to get 4 acres each whereas the daughters are to get one acre each.

Mr Rimita Counsel for 2nd and 3rd Administrators confirmed the court that Mary Karambu had died and her husband wanted her share from the estate to be devolved to him. Counsel therefore wanted the court to determine that issue.

The take of this court would be that if Mary Karambu is survived by any  children then her share should be devolved to those children equally.  If she is not survived by any children then her share should be devolved to her sister Joan Kathure being that the sons in the estate already have the lions share. Concerning the distribution I do think that proposal that had been made by Mary Karambu Mutiria on 4. 6.2013 now deceased was most reasonable and didn’t depart much from Rebecca Kathure Mukethi as proposal especially in regard to P.No. 449 Ruiri Rwarera Adjudication section.  Rebecca Kathure didn’t explain why she didn’t include the daughters in  distribution of parcel No. Ntima/Ntakira/553 when she gave herself some portion.

The proposed distribution dated 4th June 2013 and filed on even date is therefore adopted and a certificate of confirmation of grant made by Judgment delivered on 19th day of February 2013 to issue to that effect.  No orders as to costs.

HON. A. ONG’INJO

JUDGE

31. 8.2017

Before Adwera – Ong’injo

Penina – Court Assistant

Mr Mutunga Advocate Holding brief for Rimita for Applicant

Respondent – N/A

Court

Ruling delivered, dated and signed in court.

HON. A. ONG’INJO JUDGE

31. 8.2017