[2024] KEHC 13003 (KLR)
The court held that the estate of Juliet Wanjiku Githegi, who died intestate, must be distributed equally among all her children or their estates, in accordance with Section 38 of the Law of Succession Act and Article 27 of the Constitution, which prohibit discrimination on the basis of gender or marital status. The...
Source-derived case information.
- Citation
- [2024] KEHC 13003 (KLR)
- Parties
- Applicant: Lucy Wairimu Kimani; Applicant: Grace Njeri Koinange; Applicant: Ruth Wairigu Gichanga; Applicant: Estate of Mary Wanjiru Ng’ang’a (Deceased); Applicant: Estate of Margaret Wamathwe Munyao (Deceased); Applicant: Estate of Emily Wambui Nduru (Deceased); Respondent: Estate of Allan Thuku Githegi (Deceased); Respondent: Estate of Booker Mbugua Githegi (Deceased); Respondent: Estate of Daniel Wanene Githegi (Deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1303 of 2018
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation and Protest
- Outcome
- Protest dismissed; grant confirmed; equal distribution of estate ordered.
- Judges
- PM Nyaundi
- Legal Topics
- Intestate Succession, Distribution of Estate, Equal Sharing Among Beneficiaries, Trust for Deceased Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Wairimu Kimani
Applicant
Grace Njeri Koinange
Applicant
Ruth Wairigu Gichanga
Applicant
Estate of Mary Wanjiru Ng’ang’a (Deceased)
Applicant
Estate of Margaret Wamathwe Munyao (Deceased)
Applicant
Estate of Emily Wambui Nduru (Deceased)
Applicant
Estate of Allan Thuku Githegi (Deceased)
Respondent
Estate of Booker Mbugua Githegi (Deceased)
Respondent
Estate of Daniel Wanene Githegi (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation and Protest
Legal Issues
- 1 Whether the estate of the deceased should be distributed equally among all beneficiaries regardless of gender or family branch.
- 2 Whether the wishes of the deceased regarding specific property allocation to sons should override statutory provisions.
- 3 How to handle shares of deceased beneficiaries pending identification of their rightful heirs.
Ratio Decidendi
The court held that the estate of Juliet Wanjiku Githegi, who died intestate, must be distributed equally among all her children or their estates, in accordance with Section 38 of the Law of Succession Act and Article 27 of the Constitution, which prohibit discrimination on the basis of gender or marital status. The court rejected the protestor's argument for preferential allocation of certain assets to the sons, finding no legal or evidentiary basis to depart from the statutory scheme of equal distribution. The court further directed that if any asset cannot be subdivided economically, it should be sold and the proceeds shared equally. Shares due to deceased beneficiaries are to be held...
Court Disposition
Protest dismissed; grant confirmed; equal distribution of estate ordered.
Orders
- The protest is dismissed.
- The grant as rectified on 30th June 2023 is confirmed.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of Juliet Wanjiku Githegi (Succession Cause 1303 of 2018) [2024] KEHC 13003 (KLR) (Family) (24 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13003 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 1303 of 2018
PM Nyaundi, J
October 24, 2024
IN THE MATTER OF THE ESTATE OF JULIET WANJIKU GITHEGI
Ruling
1. This ruling is with regard to summons for confirmation dated 15th January 2024 and Affidavit of protest sworn on 13th May 2024 in response thereto. The parties are daughters and grandson and daughters of the deceased. The issue for determination by this court is how the estate of the deceased should be distributed.
2. The Applicants propose equal distribution among the beneficiaries of the estate assets which are enumerated here below-a.Parcel of Land Kabete/nyathunA/1651b.L/R Number 209/6287c.Shop located in Ngecha Lower Kabete
3. The Protestor who is a co Administrator, proposes that the families of the sons of the deceased (Namely Allan Thuku Githegi, Booker Mbugua Githegi and Daniel Waneni Githegi) share Parcel Kabete/ Nyathuna/1651 equally and the daughters of the deceased share the remaining parcels equally. The basis of the proposal is that the deceased and her husband had directed that the sons jointly inherit Kabete/ Nyathuna/1651. It is his contention that it is not economically viable to share all the properties equally and there is no requirement that each child gets a share of each property.
4. The Applicants on the other hand base their claim for equal distribution on Article 27 of the Constitution of Kenya and Section 38 of the Law of Succession Act. The Applicants also rely on the decisions in Re Estate of Godana Songoro Guyo (Deceased) [ 2020] eKLR; Re Estate of Muthoni Kanyua (Deceased) [2018] eKLR and in the Matter of the Estate of M’Ngarithi M’Miriti alias Paul M’Ngarithi M’Miriti (Deceased) [2017] eKLR
5. It is common ground that the deceased died intestate, in the absence of a will his estate will be distributed in accordance with the provisions of Sections 38-42 of the Law of Succession Act. The law does not discriminate on the basis of gender or marital status. It has been submitted that it is not economically viable to distribute L.R. 209/6287 and the plot in Ngecha, Lower Kabete.
6. It is also not in dispute that the following are the beneficiaries of the Estate-a.Lucy Wairimu Kimani Daughterb.Grace Njeri Koinange Daughterc.Ruth Wairigu Gichangad.Estate of Mary Wanjiru Ng’ang’a (Deceased)e.Estate of Margaret Wamathwe Munyao (Deceased)f.Estate of Emily Wambui Nduru (Deceased)g.Estate of Allan Thuku Githegi (Deceased)h.Estate of Booker Mbugua Githegi (Deceased) andi.Estate of Daniel Wanene Githegi (Deceased)
7. Accordingly, I direct that the Grant be confirmed and the Estate distributed equally in terms of paragraph 4 of the supporting affidavit sworn on 15th January 2024. Which is to state the following assets shall be distributed equally among the beneficiaries and with respect to the deceased children of the deceased, their shares shall be held in trust by the 3 Administrators pending the identification of the respective beneficiaries of those estates.a.Parcel of Land Kabete/nyathuna/1651b.L/R Number 209/6287c.Shop located in Ngecha Lower Kabete
8. In the event that it is not economically viable to sub divide the assets, the same will be sold and proceeds divided equally among the beneficiaries. With regard to the deceased beneficiaries, if the assets are sold their share of the proceeds will be deposited into the estate account and paid out once the beneficiaries are identified and determined.
9. That the Administrators shall finalise transmission of the Estate within 120 days. In the event that either Administrator fails or declines to execute any documents so as to facilitate the transmission within 21 days of delivery, the Deputy Registrar, Family Division Milimani High Court Nairobi is authorized to execute the said documentation.
10. The final orders shall be as follows;i.That Protest is dismissedii.The Grant herein as rectified on 30th June 2023 is confirmed.iii.The Assets of the estate of the deceased will be distributed equally amongst the beneficiaries.iv.The shares of the deceased siblings (children of the deceased) will be held in trust by the Administrators on behalf of the Estate of the respective deceased persons until the rightful beneficiaries are identified.v.In the event it is not economically viable to distribute any asset the same shall be sold and proceeds shared equally among the beneficiaries and the share of the deceased siblings will be deposited in the estate account pending determination of the rightful beneficiaries.vi.That the Administrators shall finalise transmission of the Estate within 120 days. In the event that either Administrator fails or declines to execute any documents so as to facilitate the transmission within 21 days of delivery, the Deputy Registrar, Family Division Milimani High Court Nairobi is authorized to execute the said documentation.vii.Mention on 4th March 2025 to confirm compliance.viii.Each party will bear their own costs.
DELIVERED ON THE VIRTUAL PLATFORM, DATED AND SIGNED AT NAIROBI THIS 24TH DAY OF OCTOBER, 2024. PATRICIA NYAUNDIJUDGEIn the presence of:Court Assistant Fardosa