Peter Marubu Nyonyo v Geoffrey Karanja H. Nyonyo [2017] KEHC 1814 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

SUCCESSION CAUSE NO 1026 OF 2013

IN THE MATTER OF THE ESTATE OF JOSEPH WAWERU NYONYO (alias WAWERU NYONYO), DECEASED

PETER MARUBU NYONYO...................................ADMINISTRATOR

VERSUS

GEOFFREY KARANJA H. NYONYO............................PROTESTOR

J U D G M E N T

1. The Deceased herein, Joseph Waweru Nyonyo (alias Waweru Nyonyo) died intestate without spouse or issue.  On 14/11/2014 a grant of letters of administration intestate was made to one of his two brothers, Peter Marubu Nyonyo, (hereinafter called the Administrator).  The grant was issued on 24/11/2014.

2. The Deceased was survived by another brother called Geoffrey Karanja H. Nyonyo(hereinafter called the Protestor) and two sisters called Martha Muthoni Nyonyo and Grace Muthoni Nyonyo.

3. The Administrator subsequently applied by summons dated 11/05/2016 for confirmation of his grant.  In the supporting affidavit he proposed that the only asset of the Deceased’s estate, land parcel L.R. LOC 7/GAKOIGO/3633 (which measures 0. 24 ha – approx. 0. 6 acres) be inherited jointly by the Protestor and one Gibson Muchoki Kirugumi (Gibson).  Gibson does not appear to be a survivor of the Deceased in any capacity.

4. The Protestor filed an affidavit of protest on 01/11/2016 by which he rejected the Administrator’s proposal for distribution.  He pointed out that Gibson is neither a child nor a brother to the Deceased.  He proposed that the parcel of land be inherited by him alone as sole proprietor.

5. In a further affidavit of protest filed on 09/02/2017 the Protestor raised issues with regard to distribution of his late father’s estate as a justification for his claim to be alone entitled to the Deceased’s estate herein.  That estate of his father had been distributed vide Murang’a PM Succession Cause No 289 of 1991.  He also claimed to have “always tended and tilled” the parcel of land comprising the Deceased’s estate, and therefore being entitled to the parcel.

6. On 01/11/2016 the Deceased’s two sisters, Martha Muthoni Nyonyo and Grace Muthoni Nyonyo, appeared before the court and stated that they did not want any share in the Deceased’s estate.  They proposed that the estate be shared equally by their two brothers – the Administrator and the Protestor.

7. These present succession proceedings concern only the estate of the Deceased Joseph Waweru Nyonyo.  They do not concern the estate of the late father of the Deceased, the Administrator and the Protestor.  This court will not permit the re-opening of the proceedings in Murang’a PM Succession Cause No 289 of 1991 that concerned the estate of Nyonyo Kinake (the father of the Deceased, the Administrator and the Protestor).

8. The Deceased herein, as already seen, was not survived by any spouse or issue.  He was survived by four siblings – two sisters and two brothers.

9. The sisters have renounced their right to inherit part of the Deceased’s estate.  That leaves only the two brothers – the Administrator and the Protestor.

10. I will in the event allow the summons dated 11/05/2016 and confirm the grant.  The only asset of the Deceased’s estate, L.R. LOC. 7/GAKOIGO/3633, shall be shared equally by the Administrator (Peter Marubu Nyonyo) and the Protestor (Geoffrey Karanja H. Nyonyo) as that is what the law dictates.  It is so ordered.

11. Parties shall bear their own costs of these proceedings.

DATED, SIGNED AT MURANG’A THIS 30TH DAY OF NOVEMBER 2017

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 1ST DAY OF DECEMBER 2017