[2025] KEHC 7507 (KLR)

In re Estate of Jason Njoroge (Deceased) (Succession Cause E014 of 2024) [2025] KEHC 7507 (KLR) (14 May 2025) (Ruling)

Neutral citation: [2025] KEHC 7507 (KLR)

Republic of Kenya

In the High Court at Bungoma

Succession Cause E014 of 2024

REA Ougo, J

May 14, 2025

Between

Anastancia Mweru Njoroge

1st Petitioner

Catherine Nyambura Njoroge

2nd Petitioner

Jane Wanjiku Njoroge

3rd Petitioner

and

Godfrey Wainaina Njoroge

1st Protestor

John Kamau Njoroge

2nd Protestor

Joyce Nduta Njoroge

3rd Protestor

Ruling

1. The 1st petitioner has filed a motion dated 22nd November 2024 brought under Sections 49,59 and 73 of the Probate and Administration Rule. She seeks the following orders;i.The Honourable Court be pleased to issue an order for the valuation of all properties of the deceased herein.ii.That upon issuance of prayer 1, the court be pleased to appoint a valuer to undertake the process in the event that the parties are not agreeable on one.iii.The costs of the application be provided for.

2. In her supporting affidavit she depones that she is the widow of the deceased and a personal representative of the estate of the deceased Jason Njoroge Mwaura together the other two other administrators. She avers that the deceased left behind the following properties;a.E. Bukusu/ S. Kanduyi/ 3XX6b.E. Bukusu/ S Kanduyi/4X8c.Bungoma Township/ 2X0d.E. Bukusu / S. Kanduyi/ 3XX7e.E. Bukusu/ S. Kanduyi/3XX1f.E. Bukusu /S. Kanduyi/ 6XX9g.Nyandarua/ Oljororok salient/ 5XX6- joint ownership with Anastacia Mweru Njorogeh.Nyandura/ Oljororok salient/20XX6- joint ownership with Anastacia Mweru Njorogei.Motor Vehicle Registration No. KBG 4X0Kj.Shares at Standard Chartered Bank, KenGen pic, KCB Bank and Safaricom.

3. The 1st petitioner claims that the 3rd petitioner without her knowledge secretly did a valuation on land parcel number Bungoma- Township / 2X0 which is her matrimonial property. it would be fair if valuation is done on all properties that were left behind by the deceased. The valuation will facilitate the equal and fair distribution of the estate of the deceased. The only properties that do not need valuation are properties that are jointly owned since she has the right to survivorship and upon the demise of her husband, the same automatically passed to her. Her request is that parcel number;3XX6,4X8,2X0,3XX7,3XX1,6XX9 and the motor vehicle be valued.

4. The application was opposed by the 3rd petitioner . The 3rd petitioner filed a replying affidavit dated 6. 12. 2024. Her reasons for opposing the application are plot number 2X0 belonged to her mother the late Christine Wambui Njoroge and was acquired before the 1st petitioner married her late father. They are not claiming the property in Nyandarua/ Oljororok salient/ 20XX6 and 5XX6. The same rule should apply to parcel number 2X0. She is opposed to the valuation on parcel number 4X8 as it is a plot that was bought and developed by her parents.

5. Mr Waswa for the 2nd petitioner had no objection to the application.

6. I have considered the rival affidavits and oral submissions. There is no dispute that the properties mentioned by the 1st and 3rd petitioners are properties forming part of the deceased’s estate. The applicant's main reason is that she desires the valuation to be done to obtain full disclosure of the properties left behind by the deceased and the total value of the estate. The 3rd petitioner's objection is on two properties, which, in her view, belonged to her parents. The valuation of properties is usually done to determine their value. The said valuation can help a court to determine the value of the properties and equitable or fair distribution of the deceased’s estate. The properties to be valued are as indicated below;

a)E. Bukusu/ S. Kanduyi/ 3XX6b)E. Bukusu/ S Kanduyi/4X8c)Bungoma Township/ 2X0d)E. Bukusu / S. Kanduyi/ 3XX7e)E. Bukusu/ S. Kanduyi/3XX1f)E. Bukusu /S. Kanduyi/ 6XX9g)Nyandura/ Oljororok salient/ 5XX6- joint ownership with Anastacia Mweru Njorogeh)Nyandura/ Oljororok salient/20XX6- joint ownership with Anastacia Mweru Njorogei)Motor Vehicle Registration No. KBG 4X0Kj)Shares at Standard Chartered Bank, KenGen pic, KCB Bank and Safaricom.7. I do not think that any of the parties will suffer any prejudice. The parties are at liberty to agree on a valuer within the next 7 days. If they do not agree, then the 1st petitioner shall bear the valuation costs and recover the same from the estate of the deceased at the time of confirmation of the grant. No order as to costs.DATED, SIGNED AND DELIVERED AT BUNGOMA THIS 14TH DAY OF MAY 2025. R. E. OUGOJUDGEIn the presence of:Miss Natwati For the 1st Petitioner2nd & 3rd Petitioner - AbsentWilkister - C/A