[2020] KEHC 10211 (KLR)
The court found that DNA evidence conclusively established that Nancy Ngendo Macharia and Elizabeth Muthoni Kinyanjui are biological siblings of George Mbugua Njoki and children of the late Christine Njoki Mbugua. As such, they are entitled to share equally in their late mother’s portion of the estate. The court...
Source-derived case information.
- Citation
- [2020] KEHC 10211 (KLR)
- Parties
- Applicant: Sarah Wairimu Wanjiru; Applicant: Simon Ndungu Mbugua; Applicant: Jackson Kamutu Mbugua
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1051 of 2013
- Procedural Posture
- Succession Cause / Ruling on Application to Add Beneficiaries and Rectify Grant
- Outcome
- Application allowed; grant rectified to include Nancy Ngendo Macharia and Elizabeth Muthoni Kinyanjui as beneficiaries.
- Judges
- A Ali-Aroni
- Legal Topics
- Succession, Grant Rectification, Beneficiary Identification, Dna Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sarah Wairimu Wanjiru
Applicant
Simon Ndungu Mbugua
Applicant
Jackson Kamutu Mbugua
Applicant
Procedural Posture
Succession Cause / Ruling on Application to Add Beneficiaries and Rectify Grant
Legal Issues
- 1 Whether Nancy Ngendo Macharia and Elizabeth Muthoni Kinyanjui are biological children of Christine Njoki Mbugua and entitled to benefit from her share of the estate.
- 2 Whether the grant should be rectified to include Nancy and Elizabeth as beneficiaries.
Ratio Decidendi
The court found that DNA evidence conclusively established that Nancy Ngendo Macharia and Elizabeth Muthoni Kinyanjui are biological siblings of George Mbugua Njoki and children of the late Christine Njoki Mbugua. As such, they are entitled to share equally in their late mother’s portion of the estate. The court held that the grant should be rectified to include Nancy and Elizabeth as beneficiaries, and the share previously allocated to George Mbugua Njoki as Christine’s child should now be divided equally among the three siblings. This ensures compliance with the Law of Succession Act and upholds the rights of all biological children to benefit from their deceased parent’s estate.
Court Disposition
Application allowed; grant rectified to include Nancy Ngendo Macharia and Elizabeth Muthoni Kinyanjui as beneficiaries.
Orders
- Nancy Ngendo Macharia and Elizabeth Muthoni Kinyanjui are enjoined as beneficiaries of the estate.
- The share of Christine Njoki Mbugua shall be shared equally among George Mbugua Njoki, Nancy Ngendo Macharia, and Elizabeth Muthoni Kinyanjui.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. 1051 OF 2013
IN THE MATTER OF THE ESTATE OF JOHN KAGWI GEORGE MBUGUA (DECEASED)
SARAH WAIRIMU WANJIRU)
SIMON NDUNGU MBUGUA )
JACKSON KAMUTU MBUGUA)........................................................APPLICANTS
R U L I N G
1. On the 27th June 2019 the administrators herein sought to have Nancy Ngendo Macharia and Elizabeth Muthoni Kinyanjui added as beneficiaries.
2. That the two were said to be children of Christine Njoki Mbugua (a beneficiary) now deceased and sisters to George Mbugua Njoki.
3. The applicants wanted the share of Christine Njoki Mbugua shared by her 3 children named above.
4. George Mbugua disputed that Nancy and Elizabeth were his siblings as he was not know to them.
5. In order to resolve on the issue of the alleged children of Christine the court directed the three alleged children and their mother’s siblings undergo a DNA test.
6. The DNA results dated 31st March 2020 confirms that George Mbugua Njoki, Nancy Ngendo Macharia and Elizabeth Muthoni Kinyanjui are biological siblings and share a close genetical relationship with Nancy Wanjiku Mbugua, Simon Ndungu Mbugua and Jackson Kamuyu Mbugua who are their late mother’s siblings.
7. Consequently Nancy Ngendo Mbugua and Elizabeth Muthoni Kinyanjui are enjoined as beneficiary and the three will now share equally what was slated for George Mbugua Njoki being the share for their deceased mother Christine Njoki Mbugua.
8. For avoidance of doubt the grant will be rectified so that George Mbugua Njoki; Nancy Ngendo Mbugua and Elizabeth Muthoni Kinyanjui will together get a share of their deceased mother jointly.
DATED, SIGNEDandDELIVEREDat NAIROBI this 22ND DAY OF OCTOBER, 2020.
......................
ALI-ARONI
JUDGE