https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10638

 **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KERUGOYA** **SUCCESSION CAUSE NO. 331 OF 2013** **IN THE MATTER OF THE ESTATE OF JEREMIAH MURIUKI NGARACHI ALIAS JEREMIAH MURIUKI NGARAI NGARACI (DECEASED)** **SARAH WAIRIMU MURIUKI......................................................................................1ST APPLICANT** **GRACE WANJIKU MURIUKI......................................................................................2ND APPLICANT** **SUSAN WAKUTHII MURIUKI....................................................................................3RD APPLICANT** **NANCY MUMBI MURIUKI..........................................................................................4TH APPLICANT** **LYDIAH WAMBUI MURIUKI......................................................................................5TH APPLICANT** **FAITH WANJIRU MURIUKI........................................................................................6TH APPLICANT** **VERSUS** **JAMLECK KINYUA MURIUKI................................................................................1ST RESPONDENT** **AMOS GACHOKI MURIUKI....................................................................................2ND RESPONDENT** **JOSPHAT WACHIRA MURIUKI ......................................................................3RD RESPONDENT** **RULING** 1. Jeremiah Muriuki Ngarachi Alias Jeremiah Muriuki Ngarai Ngaraci, the deceased hereindied on 25th October, 1999 survived by the following beneficiaries:- 2. Grace Wanjiku Muriuki – Daughter (Deceased) 3. Jamleck Kinyua Muriuki - Son 4. Amos Gachoki Muriuki – Son 5. Josphat Wachira Muriuki – Son 6. Faith Wanjiru Muriuki – Daughter 7. Lydia Wambui Muriuki – Daughter 8. Nancy Mumbi Muriuki – Daughter 9. Susan Nyaguthii Muriuki – Daughter 10. Sarah Wairimu Muriuki – Daughter. 11. The estate of the deceased comprised of **L.R No. KABARE/GACIGI/86** measuring approximately 2.38 Hectares and 1/6 share of Plot No. 250/101 (hereinafter referred to as the estate properties). 12. Josphat Wachira Muriuki and Faith Wanjiru Muriuki, the 3rd Respondent and 6th Applicant respectively were jointly issued with a grant of letters of administration intestate on 8/4/2025. The 6th Applicant thereafter filed summons for confirmation of grant on 6/5/2025 where at paragraph 10 of her affidavit in support thereof, she has proposed that the estate properties be shared equally among the 9 beneficiaries of the deceased. 13. The 6th Applicant swore a supplementary affidavit on 20/2/2026 in support of the application. 14. In his replying and further replying affidavits sworn on 9/7/2025 and 2/3/2026 respectively, the 1st Respondent avers that there exists a grant of letters of administration and a certificate of confirmation of grant, and thus it is improper to apply for another grant of letters of administration and a certificate of confirmation of grant. There is a clear multiplicity of suits to wit Kerugoya SPM Succession Cause No. 173/2012 and High Court Succession Cause No. 331/2013, which should be dealt with forthwith. According to him, the parties ought to have applied for rectification of the grant to include Plot No. 250/101 and Lock Up No. 6 Kiangwenyi since the distribution of the estate has already been settled. **Submissions** 1. The Applicants urge that the estate properties ought to be shared equally among the children of the deceased in accordance with the provisions of section 38 of the Law of Succession Act, and cite ***Re Estate of Timona LLumunyasi Kahikhana (Deceased) [2022] KEHC 12627 (KLR) (22 July 2022) (Ruling) and Stephen Gitonga M’Murithi v Faith Ngira Murithi (2015) eKLR***. They seek to have Prudence Njeri Wanjiku, the daughter of Grace Wanjiku Muriuki directly take the share of her deceased mother, and cite ***Re Estate of Florence Mukami Kinyua (Deceased) [2018] eKLR***. 2. The Respondents urge that the matter is *res judicata*, as it has already been conclusively determined by a competent court, and cite ***Uhuru Highway Development Ltd v Central Bank of Kenya & 2 others [1996] KECA 102 (KLR)***. **Analysis and Determination** 1. The sole issue for determination is how the estate properties should be distributed. 2. Before delving into the merits of the application, this court must preliminarily address the question whether there exists another grant of letters of administration intestate and a certificate of confirmation of grant. 3. This cause was initially commenced by Esther Muthoni Jeremiah (now deceased) in Kerugoya SPM Cause No. 173/2012, which was subsequently transferred to this court and renamed High Court Succession Cause No. 331/2013. The cause proceeded to full hearing and a certificate of confirmation of grant was issued by this court on 30/4/2013. That grant became inoperative and useless upon the death of the initial petitioner on 31/10/2013 and it was subsequently revoked on 20/4/2024. 4. The contention by the Respondents of the existence of 2 parallel causes and another grant is thus misconceived and issue of *res judicata* does not arise. 5. On the merits, the deceased herein died intestate survived by 9 children namely Grace Wanjiku Muriuki – Daughter (Deceased) but survived by Prudence Njeri Wanjiku, Jamleck Kinyua Muriuki, Amos Gachoki Muriuki, Josphat Wachira Muriuki, Faith Wanjiru Muriuki, Lydia Wambui Muriuki, Nancy Mumbi Muriuki, Susan Nyaguthii Muriuki and Sarah Wairimu Muriuki. 6. Section 38 of the Law of Succession Act, is succinctly clear that, ***“Where an intestate has left a surviving child or children but no spouse, the net intestate estate shall, subject to the provisions of sections 41 and 42, devolve upon the surviving child, if there be only one, or shall be equally divided among the surviving children.”*** 7. The Court finds that the proposed mode of distribution at paragraph 10 of the affidavit in support of the summons for confirmation of grant is equitable and in accordance with the provisions of section 38 of the Law of Succession Act. **ORDERS** 1. Accordingly, for the reasons set out above, the Court allows the application for confirmation of grant and the Grant issued to the 6th Applicant and the 3rd Respondent on 8/4/2025 is confirmed for distribution of the Estate of the Deceased in terms of paragraph 10 of the affidavit in support of the Summons for Confirmation of Grant sworn on 29/4/2025. 2. There shall be no orders as to costs. *Orders accordingly.* **DATED AND DELIVERED THIS 14TH DAY OF MAY 2026.** **EDWARD M. MURIITHI** **JUDGE** **APPEARANCES:** Ms. Muturi for Mr. Magee for the Applicants. Mr. Ndungu Chege for the Respondents.