[2025] KEHC 9369 (KLR)
The court determined that, in the absence of submissions and with only the title for Kabete/Kibichiku/T.93 produced, it was appropriate to confirm the grant and direct that this property be shared equally between the two families. The court further ordered that Serah Wangui Kariuki hold the share in trust for the...
Source-derived case information.
- Citation
- [2025] KEHC 9369 (KLR)
- Parties
- Applicant: Jane Wariara Kamanu; Applicant: Serah Wangui Kamanu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 3188 of 2013
- Procedural Posture
- Succession Cause / Ruling on Final Confirmation and Distribution of Remaining Estate Assets
- Outcome
- grant confirmed and distribution of Kabete/Kibichiku/T.93 ordered; file closed subject to further application on proof of ownership of remaining assets
- Judges
- PM Nyaundi
- Legal Topics
- Intestate Succession, Grant Confirmation, Estate Distribution, Trusteeship of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Wariara Kamanu
Applicant
Serah Wangui Kamanu
Applicant
Procedural Posture
Succession Cause / Ruling on Final Confirmation and Distribution of Remaining Estate Assets
Legal Issues
- 1 How should the remaining undistributed assets of the deceased's estate be allocated among the beneficiaries of the two houses.
- 2 Who should hold the shares in trust for the respective beneficiaries of each house.
- 3 What directions should be given regarding assets for which ownership documentation is outstanding.
Ratio Decidendi
The court determined that, in the absence of submissions and with only the title for Kabete/Kibichiku/T.93 produced, it was appropriate to confirm the grant and direct that this property be shared equally between the two families. The court further ordered that Serah Wangui Kariuki hold the share in trust for the beneficiaries of the 1st House and Jane Wariara Kamanu hold the share in trust for the beneficiaries of the 2nd House. For the remaining assets (Laikipia/Sosiani/Block 2 and shares in Mwamuto Traders), the court deferred distribution until documentation of ownership is produced, granting liberty to the parties to move the court upon obtaining such documentation. The file was...
Court Disposition
grant confirmed and distribution of Kabete/Kibichiku/T.93 ordered; file closed subject to further application on proof of ownership of remaining assets
Orders
- Land known as Kabete/Kibichiku/T.93 to be shared equally between the two families, with Serah Wangui Kariuki holding the share in trust for the 1st House beneficiaries and Jane Wariara Kamanu holding the share in trust for the 2nd House beneficiaries.
- File closed; parties at liberty to move the court upon obtaining documentation for Laikipia/Sosiani/Block 2 and shares in Mwamuto Traders.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Edward Kamanu Kariuki (Deceased) (Succession Cause 3188 of 2013) [2025] KEHC 9369 (KLR) (Family) (27 June 2025) (Ruling)
Neutral citation: [2025] KEHC 9369 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 3188 of 2013
PM Nyaundi, J
June 27, 2025
IN THE MATTER OF THE ESTATE OF EDWARD KAMANU KARIUKI (DECEASED)
Ruling
1. This matter relates to the Estate of Edward Kamau Kariuki who died intestate on 25th July 2012. John Kariuki Kamanu and Jane Wariara Kamanu were issued with grant of letters of administration intestate on 4th January 2016. The grant was rectified on 20th February 2019 and the grant was issued to Jane Wariara Kamanu and Serah Wangui Kamanu.
2. The deceased is said to be survived by the following beneficiaries;1st House.i.John Kariuki Kamanu..... Son.ii.Serah Wangui Kariuki... daughter.iii.Andrew Mungai Kamanu ... son.iv.Michael Muri Kamanu .... son.v.Jane Wambui Kamanu .... Daughter.vi.James Gikonyo Kamanu ... Son.vii.Diana Nduta Ngugi..... daughter in law.2nd Housei.Jane Wariara Kamanu ..... 2nd wife.ii.Teddy Kariuki Kamanu .... son.iii.Edgar Gatenjwa Kamanu .... Son.
3. The deceased had the following assets;a.Kabete/Kibichiku/914 together with rental proceeds from the same totaling Kshs. 11,000 per month.b.Kabete/Mwimuto/T.84. c.Kabete/Kibichiku/2462. d.Kabete/Kibichiku/2461. e.Shares in Mwimuto Traders Limited together with monthly income from the same totaling Kshs. 15,000 per month.f.Motor Vehicle Registration Number KAG 507J.g.Dues from Kenya Airways Limited.
4. On 4th November 2022, a partial confirmation of grant was issued by this court according to a partial mediation agreement dated 23rd August 2022.
5. The following assets have been distributed;1st House.i.Dues from Kenya Airways.ii.Land known as Kabete Mwimuto/T.84 to Michael Muri Kamanu and James Gikonyo Kamanu in equal shares.iii.Land known as Kabete/Kibichiku/2462 to Diana Nduta absolutely.iv.Land known as Kabete/Kibichiku/2461 to Michael Kamanu.2nd House.i.Motor Vehicle Registration No. KAG 507 J be allocated to Jane Wariara Kamanu absolutely.ii.Land known as Kabete/914 be allocated to the 2nd House.
6. This court was tasked to give direction of the following properties; -i.Land known as Laikipia/Sosiani/Block 2. ii.Shares in Mwamuto Traders.iii.Land known as Kabete/Kibichiku/T.93.
7. Parties were asked to put in written submissions but none of them filed submissions at the time the Court retired to write the ruling.
8. The Administrators have only submitted Title for Land Known as Kabete/ Kibichiku/ T.93. In the Circumstances, I will proceed to confirm the grant and on distribution direct that Land Known as Kabete/ Kibichiku/ T.93. will be shared equally between the two families with Serah Wangui Kariuki holding the Share in trust for the beneficiaries of the 1st House and Jane Wariara Kamanu holding the share in trust for the beneficiaries of the 2nd House .
9. The file will be closed and parties will be at liberty to move the Court once they have documentation to prove ownership of the other 2 assets.It is so ordered.
SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 27TH DAY OF JUNE, 2025. P. M NYAUNDIHIGH COURT JUDGEIn the presence of:Mrs. Fundi for AdministratorsMs. Ndirangu for Sarah Wangui AdministratorFardosa Court Assistant