[2023] KEHC 2564 (KLR)

In re Estate of Joseph Kubai Rangata (Deceased) (Succession Cause 365 of 2015) [2023] KEHC 2564 (KLR) (16 March 2023) (Ruling)

Neutral citation: [2023] KEHC 2564 (KLR)

Republic of Kenya

In the High Court at Chuka

Succession Cause 365 of 2015

LW Gitari, J

March 16, 2023

Between

Gynson Muchunku

Petitioner

and

Eunice Igoji

Administratrix

and

Mugendi Joseph

Protestor

Ruling

1. This ruling relates to the distribution of the estate of Joseph Kubai Rangata. A grant of representation to the estate was issued to Jaspher Kimandi Joseph. The same was confirmed on April 10, 2019 pursuant to the provisions of Section 71(1) and (3) of the Law of Succession Act and a certificate of confirmation of grant dated April 11, 2019 was subsequently issued.

2. As per the said confirmed grant, the subject estate was to be distributed as follows:Description of Property: Mwimbi/Murugi/3545Name Sharea.Mutuma Morris Kubai 1 Acreb.Vercity Muthoni Joseph 2 Acresc.Jaspher Kimandi Joseph 1. 54 Acresd.Jaspher Kimandi Joseph 0. 86 Acres

3. On August 4, 2022, the learned counsel for the Administrator indicated to this court that the distribution of the estate had since been completed. An order was consequently issued directing the Administrator to file an account of the distribution within six months so that the file can be closed. On record is an account of the distribution of the estate that is dated January 24, 2023.

4. I have looked at the confirmed grant issued on April 10, 2019 and the Estate Distribution Account filed on January 25, 2023. The account filed indicates that land has been sub-divided as per the confirmed grant and the new land titles of the sub-divisions are as follows:

Name of Beneficiary Land Registration Number Size of Land

Jaspher Kimandi Joseph Mwimbi/Murugi/5981 0. 86 Acres

Jaspher Kimandi Joseph Mwimbi/Murugi/5983 1. 54 Acres

Vercity Muthoni Joseph Mwimbi/Murugi/5985 2 Acres

Mutuma Morris Kubai Mwimbi/Murugi/5982 1 Acre

5. Notably, the Administrator herein has only provided copies of search in respect to the sub-divisions that have resulted in land parcels no. Mwimbi/Murugi/5981 and Mwimbi/Murugi/5983.

6. Personal representatives of an estate are under a duty to produce to the court, within six months of the date of the grant, a full and accurate inventory of the assets and liabilities of the deceased and a full and accurate account of all dealings therewith up to the date of the account. This duty is clearly stipulated under Section 83(e) of the Law of Succession Act.

7. In my view, central to the provisions of under Section 83(e) of the Law of Succession Act is that final accounts of the distribution of an estate should be full and accurate. In this case, there is no proof to substantiate the account given that Mwimbi/Murugi/5985 and Mwimbi/Murugi/5982, measuring 2 Acres and 1 Acre respectively, have been distributed to the respective beneficiaries. It has however been indicated that Mwimbi/Murugi/5982 has since been sold off to a third party, who has not been identified. In view of this omission it is my considered view that estate distribution account as presented is incomplete. The same cannot be accepted as a full and accurate account of the distribution of the estate of the deceased in the absence of evidence to show that Vercity Muthoni Joseph and Mutuma Morris Kubai received their rightful shares pursuant to the confirmed grant. I thus opine that the file should thus remain open until shall proof is provided. The applicant to file a full account within thirty days. Matter be mentioned on June 6, 2023.

DATED, SIGNED AND DELIVERED AT CHUKA THIS 16TH DAY OF MARCH 2023. L.W. GITARIJUDGE16/3/2023The ruling has been read out in open court.L.W. GITARIJUDGE16/3/2023