[2019] KEHC 4403 (KLR)
The court determined that, due to the polygamous status of the deceased, the estate must be distributed in accordance with section 40 of the Law of Succession Act. The court relied on the only valuation report filed, as the 1st administratix failed to comply with the court's directions. The estate, comprising land...
Source-derived case information.
- Citation
- [2019] KEHC 4403 (KLR)
- Parties
- Applicant: Janet Nkirote Muthomi; Respondent: Ann Kairuthi Rutere; Respondent: David Kirimi Ringera
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 6 of 2007
- Procedural Posture
- Succession Cause / Judgment on Distribution
- Outcome
- Estate distributed in accordance with section 40 of the Law of Succession Act; assets allocated as per judgment; no order as to costs.
- Judges
- A Mabeya
- Legal Topics
- Succession, Polygamous Estates, Distribution of Estate, Valuation of Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janet Nkirote Muthomi
Applicant
Ann Kairuthi Rutere
Respondent
David Kirimi Ringera
Respondent
Procedural Posture
Succession Cause / Judgment on Distribution
Legal Issues
- 1 How should the estate of the deceased, who was polygamous, be distributed among the beneficiaries under section 40 of the Law of Succession Act?
- 2 What is the appropriate valuation of the estate assets for purposes of distribution?
- 3 How should shares and potential death gratuity be allocated among the beneficiaries?
Ratio Decidendi
The court determined that, due to the polygamous status of the deceased, the estate must be distributed in accordance with section 40 of the Law of Succession Act. The court relied on the only valuation report filed, as the 1st administratix failed to comply with the court's directions. The estate, comprising land parcels, shares, and potential death gratuity, was distributed among the identified beneficiaries, with specific assets allocated to particular individuals or groups in equal shares. The court also directed that any remaining death gratuity be shared equally among all beneficiaries. No order as to costs was made.
Court Disposition
Estate distributed in accordance with section 40 of the Law of Succession Act; assets allocated as per judgment; no order as to costs.
Orders
- Estate to be distributed as specified among the beneficiaries in equal shares where indicated.
- Any remaining death gratuity to be shared equally among all beneficiaries.
Full Case Text
Judgment text and source record
65 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
SUCCESSION CAUSE NO.6 OF 2007
IN THE MATTER OF THE ESTATE OF JULIUS MUTHOMI RINGERA – DECEASED
JANET NKIROTE MUTHOMI.....................................1ST ADMINISTRATIX
VERSUS
ANN KAIRUTHI RUTERE..........................................2ND ADMINISTRATIX
DAVID KIRIMI RINGERA.....................................................2ND OBJECTOR
JUDGMENT ON DISTRIBUTION
1. On 21st February 2019, this court made judgment and directed that the two administratix do file a valuation within 45 days. It also directed that they do file an affidavit setting out their respective homes.
2. When they failed to agree on a single valuation within the specified time or at all, on 8th April 2019 the court directed that each administratix do file own valuation report. The 1st administratix ignored those directions and only the 2nd administratix filed her’s. In this regard, the distribution will be based on the valuation report by Roma Valuers, Environmental & Property Consultants Ltd that was filed and is on record.
3. According to the valuation, the properties were valued as follows: -
a) KIIRUA/KIIRUA/NKANDO/1303,2acres- Ksh. 1,912,500/
b) KIIRUA/KIIRUA/NKANDO/4527, 1acre - Kshs. 1,365,000/
c) RUIRU/RWARERA/93, 2 acres - Kshs. 1,600,000/
d) SEGERA/SEGERA BLOCK 2/300, 2 acres – Kshs. 400,000/
SHARES
a) KCB 366 shares - Kshs. 15,152/
b) CO-OPERATIVE BANK 50 shares - Kshs. 786/
c) KENYA AIRWAYS 1000 shares - Ksh 7550/
d) MUMIAS SUGAR COMPANY 1500 - Nil
DEATH GRATUITY
The administrators did not inquire from the employer of the deceased whether there was any gratuity remaining or it had already been paid to the next of kin. Supposing that there is any remaining, the court will distribute the same equally to all the beneficiaries.
4. As held in the judgment, since the deceased was polygamous, the estate is to be distributed under section 40 of the Law of Succession Act.There were 7 units which were identified. Considering the extent and value of the estate, the same will be distributed as follows: -
1. LR NO. KIIRUA/NKANDO/1303
Janet Nkirote Muthomi
Kelvin Mwirigi Muthomi
Edwin Mugambi Muthomi
Yvonne Gacheri Muthomi
Ian Mutuma Muthomi - In equal shares
2. LR NO. KIIRUA/NKANDO/ 4527
Anne Kairuthi Rutere
Fellistus Gacheri
3. LR NO. RUIRI/RWARERA/93
Janet Nkirote Muthomi
Kelvin Mwirigi Muthomi
Edwin Mugambi Muthomi
Yvonne Gacheri Muthomi
Ian Mutuma Muthomi - In equal shares
4. SEGERA SEGERA BLOCK 2/300 P. NO. 399
Janet Nkirote Muthomi
Kelvin Mwirigi Muthomi
Edwin Mugambi Muthomi
Yvonne Gacheri Muthomi
Ian Mutuma Muthomi - In equal shares
5. SHARES
366 KCB SHARES
50 CO-OPERATIVE SHARES
1000 KENYA AIRWAYS
1500 MUMIAS SHARES
Anne Kairuthi Rutere
Fellistus Gacheri - In equal shares
6. GRATUITY
Janet Nkirote Muthomi
Kelvin Mwirigi Muthomi
Edwin Mugambi Muthomi
Yvonne Gacheri Muthomi
Ian Mutuma Muthomi
Anne Kairuthi Rutere
Fellistus Gacheri - Equally
There will be no order as to costs.
DATED and DELIVERED at Meru this 19th day of September, 2019.
A. MABEYA
JUDGE