https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7009

In re Estate of William Kamiri Ngeru (Succession Cause E2237 of 2021) [2026] KEHC 7009 (KLR) (Family) (21 May 2026) (Judgment) Neutral citation: [2026] KEHC 7009 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Succession Cause E2237 of 2021 PM Nyaundi, J May 21, 2026 IN THE MATTER OF THE ESTATE OF WILLIAM KAMIRI NGERU - DECEASED Judgment 1.Vide Summons for confirmation dated 7th October 2025, the applicant seeks that the grant issued to Mary Wairimu Kamiri, Jacinta Wambui Kamiri and Jacqueline Njambi Kamiri be confirmed and the estate be distributed in accordance with paragraph 5 of the supporting affidavit sworn on 7th October 2025 by Jacinta Wambui Kamiri. Consents dated 7th October 2025 are attached to the Summons. 2.The beneficiaries of the Estate are said to be-i.Mary Wairimu Kamiri (Wife)ii.Lucy Njeri Hager (Daughter)iii.Jacinta Wambui Kamiri (Daughter)iv.Scholastica Wanjiru Kamiri (Daughter)v.Jacqueline Njambi Kamiri (Daughter)vi.Patricia Wanjiku Kamiri (Daughter)vii.Charles Ngeru Kamiri (Son)viii.George Gathungu Kamiri (Son)ix.Duncan Ndichu Kamiri (Son)They are all adults. 3.The properties of the estate of the deceased are said to be-i.Kugeria North Springs LR No. 7022/151ii.Mathare Plot LR No. 209/11699iii.Githunguri/ Ikinu Market Plot Number No. 35iv.Githunguri/ Githiga/ 430v.Ndumberi/ Tinganga/ 125 4.Mary Wairimu Kamiri, a Co-Administrator, has lodged a protest vide affidavit sworn on 22nd October 2025 in which she proposes that the estate be distributed in accordance with paragraph 8 of her affidavit. She submits that her proposal reflects the wishes of the deceased and takes into account the parcels' current use. 5.She further avers that the proposal does not adequately provide for all the beneficiaries of the estate, in particular, the estates of the deceased sons of the deceased herein. Her protest is supported by Amos Nganga Kiningi, who has sworn an affidavit on 22nd October 2025. 6.Jacinta Wambui Kamiri has replied to the protest by her affidavit, sworn on 17th December 2025. She avers that the properties were acquired during the lifetime of her mother, Virginia Wanjiru Kamiri (now deceased), the deceased's first wife, and that, therefore, she and her siblings are entitled to sole ownership of the assets. She reiterates that the estate ought to be distributed in accordance with paragraph 20 of the replying affidavit. 7.The Summons was canvassed through written submissions. The applicant's submissions are dated 24th February 2026. It is submitted that the issue for determination is which mode of distribution is fair, equitable and justifiable. 8.The applicant submits that the properties in contention arei.Githunguri/ Ikinu/ 35 (Market plot)ii.Githunguri/ Githiga/ 430iii.L.R. No. 7022/151 Kugeria North Springsiv.LR No. 209/1699, Mathare Plotv.Ndumberi/ Tinganga/125 9.It is submitted that by operation of Sections 35 and 38 of the Law of Succession Act and on the authority of the decision of the Court of Appeal in Justus Thiora Kiugu & 4 Others v Joyce Nkatha Kiugu & Another [2015] KECA 886 (KLR), the properties Githunguri/ Ikinu/ 35 (Market plot) and Githunguri/ Githiga/ 430 should vest in the children of the late Virginia Wanjiru Kamiri. 10.Whereas they concede that the Property LR No. 7022/151 was the matrimonial home of the deceased and the protestor, it is submitted that she is entitled to a life interest and on its termination the property should vest in all the children of the deceased in equal shares, reference is made to the decision in Re Estate of the Late Ndirangu s/o Wahiga (Deceased) [2018] KEHC 3368 (KLR) 11.About the Mathare Plot and the Ndumberi/ Tinganga/125, it is urged that bestowing a life interest to the protestor would occasion injustice to the other beneficiaries. It is submitted that the entire property be distributed equally among all the beneficiaries, and reference is made to the decisions in M’Murithi v Murithi [2015] KECA347 (KLR) and Douglas Njuguna Muigai vs John Bosco Maina Kariuki & Another [2014] eKLR. 12.From the submissions, it would appear that the applicant is not sure whether property Ndumberi/ Tinganga/125 is registered in the name of the deceased. 13.The protestor’s submissions are dated 16th March 2026. The issues she raises for determination arei.Who the beneficiaries of the estate are, and whether adequate provision has been made for the deceased's sons who are deceased.ii.How should the properties in contention be distributed? 14.It is submitted that provision has not been made fori.John Ngeru Kamiriii.Godfrey Kamiriiii.Anthony Ndichu KamiriAnd they are all the sons of the deceased and are survived by widows and children. She urges that her proposal makes provision for the three. 15.On the applicable law, it is submitted that the relevant provisions are Section 35 of the Law of Succession Act, as the deceased was not polygamous. Analysis And Determination 16.Having regard to the pleadings filed, evidence adduced, submissions filed alongside the relevant law, I discern the following to be the issues for determination-i.Who are the rightful beneficiaries of the estate of the deceased?ii.How should the Estate of the deceased be distributed? 17.On the 1st issue, in the affidavit sworn by applicants on 18th October 2021 in support of the Petition for letters of administration intestate, the beneficiaries of the estate of the deceased are enumerated as-i.Mary Wairimu Kamiri (Wife)ii.Lucy Njeri Hager (Daughter)iii.Jacinta Wambui Kamiri (Daughter)iv.Scholastica Wanjiru Kamiri (Daughter)v.Jacqueline Njambi Kamiri (Daughter)vi.Joan Nyagatu Ngeru (Daughter-in-Law)vii.Jane Wangui Kimani (Daughter-in-Law)viii.Irene Wanjiru Ngugi (Daughter-in-Law)ix.Patricia Wanjiku Kamiri (Daughter)x.Charles Ngeru Kamiri (Son)xi.George Gathungu Kamiri (Son)xii.Duncan Ndichu Kamiri (Son) 18.When the Summons was presented for confirmation, they excluded-i.Joan Nyagatu Ngeru (Daughter-in-Law)ii.Jane Wangui Kimani (Daughter-in-Law)iii.Irene Wanjiru Ngugi (Daughter-in-Law)No reason has been given for their exclusion. The Chief Githiga Location, in a letter dated 18th February 2021, recognises them as beneficiaries of the deceased's estate. The applicants have not controverted the protestor's submission that provision must be made for the families of the deceased's sons. 19.Since it has not been established whether or not letters of Administration have been taken out in respect of the sons now deceased, the appropriate order is to include their respective estates pending the appointment of administrators of the estates. 20.The list of beneficiaries of the estate of the deceased is therefore-i.Mary Wairimu Kamiri (Wife)ii.Lucy Njeri Hager (Daughter)iii.Jacinta Wambui Kamiri (Daughter)iv.Scholastica Wanjiru Kamiri (Daughter)v.Jacqueline Njambi Kamiri (Daughter)vi.Estate of John Ngeru Kamiri (Deceased)vii.Estate of Godfrey Kamiri (Deceased)viii.Estate of Anthony Ndichu Kamiri (Deceased)ix.Patricia Wanjiku Kamiri (Daughter)x.Charles Ngeru Kamiri (Son)xi.George Gathungu Kamiri (Son)xii.Duncan Ndichu Kamiri (Son) 21.The 2nd issue is how the estate of the deceased should be distributed. The applicant urges that the estate of the deceased should be considered as that of a polygamous person and that, therefore, distribution is to be guided by Section 40 of the Law of Succession Act. 22.By definition, the deceased was not a polygamist upon marrying the Protestor. As a widower, his prior marriage was legally extinguished by death. He was not in a simultaneous, ongoing union. 23.The applicants also argue that, as the properties were acquired during the lifetime of their deceased mother, they are entitled to sole ownership of the properties so acquired. They have adduced no evidence to confirm that the properties were acquired through the combined efforts of their deceased mother and the deceased herein. 24.More significantly, in the absence of a pronouncement by a competent court to this effect, this Court lacks the mandate to decide as to whether the property comprises Matrimonial Property and the share of Virginia Wanjiru Kamiri. I therefore find that this assertion has not been proved to the standard required and that the properties enumerated therefore comprise the estate of the deceased. 25.The deceased herein died intestate; the applicable law is therefore Part V of the Law of Succession Act (Sections 35 and 41 of the Act). On account of the schism between the two ‘houses’, the beneficiaries both prefer the distribution of the estate along the separate homes of the two mothers. 26.Even in the absence of amendments to the Succession Act, courts are duty-bound to interpret and apply its provisions in alignment with the constitutional principles enshrined in Article 10 of the Constitution. The foundational principles include human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised. 27.As observed, the deceased died intestate, justice requires that reasonable provision be made for all the beneficiaries absent discrimination on any of the prohibited grounds under Article 27. With this in mind, I find that this end will be achieved if the estate of the deceased is distributed as follows- No Details of Property Beneficiaries 1 KUGERIA NORTH SPRINGS LR NO. 7022/151 MARY WAIRIMU KAMIRI to hold in trust for herself and Patricia Wanjiku Kamiri; Charles Ngeru Kamiri; George GathunguKamiri; Duncan Ndichu Kamiri in equal shares 2 Mathare Plot LR No. 209/11699 MARY WAIRIMU KAMIRI to hold in trust for herself and Patricia Wanjiku Kamiri; Charles Ngeru Kamiri; George GathunguKamiri; Duncan Ndichu Kamiri in equal shares 3 Githunguri/ Ikinu Market Plot No. 35 Jacinta Wambui Kamiri and Jacqueline Njambi Kamiri to hold jointly in trust for themselves and Lucy Njeri Hager; Scholastica Wanjiru Kamiri; Estate of John Ngeru Kamiri (Deceased); Estate of Godfrey Kamiri (Deceased); Estate of Anthony Ndichu Kamiri ( Deceased) in equal shares 4 Githunguri/ Githiga/ 430 Jacinta Wambui Kamiri and Jacqueline Njambi Kamiri to hold jointly in trust for themselves and Lucy Njeri Hager; Scholastica Wanjiru Kamiri; Estate of John Ngeru Kamiri (Deceased); Estate of Godfrey Kamiri (Deceased); Estate of Anthony Ndichu Kamiri ( Deceased) in equal shares 5 Ndumberi/ Tinganga/ 125 Mary Wairimu Kamiri, Jacinta Wambui Kamiri and Jacqueline Njambi Kamiri to hold jointly in trust for themselves and Lucy Njeri Hager; Scholastica Wanjiru Kamiri; Estate of John Ngeru Kamiri (Deceased); Estate of Godfrey Kamiri ( Deceased); Estate of Anthony Ndichu Kamiri ( Deceased); Patricia Wanjiku Kamiri; Charles Ngeru Kamiri; George Gathungu Kamiri and Duncan Ndichu Kamiri in equal shares 28.The final and consequential orders are therefore as follows; the Protest dated 22nd October 2025 succeeds as follows-i.The beneficiaries of the estate of the deceased are as enumerated at paragraph 20 aboveii.The assets of the estate of the deceased available for distribution are as enumerated at paragraph 8 above.iii.The estate of the deceased shall be distributed as set out at paragraph 25 above.iv.The administrators shall finalise transmission within 6 months.v.To facilitate transmission of the Estate, the administrators shall execute the requisite documents within 14 days of presentation to them. Failing which, the Deputy Registrar shall execute the document on behalf of the defaulting administrator. 29.On account of the relationship between the parties, there shall be no order as to costs. 30.Parties are at liberty to appeal, the Party exercising their right to do so within 30 days.It is so ordered SIGNED, DATED AND DELIVERED IN VIRTUAL COURT THIS 21ST DAY OF MAY 2026.P. M NYAUNDIJUDGEIn the Presence ofFardosa Court AssistantNo appearance by parties