[2018] KEHC 3507 (KLR)
The court found that the estate of Kirianki Kanana should be distributed equally between his surviving daughter, Agnes Muthoni, and the children of his late daughter, Curi M’Iranki. The wishes expressed in the chief's letter regarding inheritance by the nephew under Kimeru customs were not sufficient to override the...
Source-derived case information.
- Citation
- [2018] KEHC 3507 (KLR)
- Parties
- Applicant: Japhet Nkari Mburugu; Respondent: Agnes Muthoni Kirima; Respondent: Edward Gichuru Rwito
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 658 of 2012
- Procedural Posture
- Succession Cause / Ruling on Confirmation and Distribution of Estate
- Outcome
- Estate to be distributed equally between Agnes Muthoni and the children of the late Curi M’Iranki.
- Legal Topics
- Succession, Distribution of Estate, Customary Law Inheritance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Japhet Nkari Mburugu
Applicant
Agnes Muthoni Kirima
Respondent
Edward Gichuru Rwito
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation and Distribution of Estate
Legal Issues
- 1 Whether the estate of Kirianki Kanana should be distributed according to Kimeru customs or statutory law.
- 2 Who are the rightful beneficiaries of the deceased's estate under Kenyan succession law.
- 3 Whether the children of the deceased's daughter Curi M’Iranki are entitled to inherit through their mother.
Ratio Decidendi
The court found that the estate of Kirianki Kanana should be distributed equally between his surviving daughter, Agnes Muthoni, and the children of his late daughter, Curi M’Iranki. The wishes expressed in the chief's letter regarding inheritance by the nephew under Kimeru customs were not sufficient to override the statutory provisions of the Law of Succession Act. The court emphasized that inheritance should devolve through the deceased's children, and any share due to a deceased child should be held in trust for their children. The application for confirmation of grant proposing a different distribution was not justified, and the estate must be shared as per the law. The court also...
Court Disposition
Estate to be distributed equally between Agnes Muthoni and the children of the late Curi M’Iranki.
Orders
- The estate of Kirianki Kanana shall be shared equally between Agnes Muthoni and the children of Curi M’Iranki.
- Edward Gichuru and Kureta Kathure John shall hold the share due to Curi M’Iranki on behalf of all her children to share equally.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 658 OF 2012
IN THE MATTER OF ESTATE OF KIRIANKI KANANA- (DECEASED)
JAPHET NKARI MBURUGU ....................................... PETITIONER
RULING
The deceased Kirianki Kanana died on 15th August 1986 and left behind one daughter Agnes Muthoni Kirima and a nephew Japhet Nkari Mburugu according to the chief’s letter dated 21st August 2012.
The Chief in his letter went further to say that the deceased had wished that his nephew Japhet Nkari takes his land after his death according to Kimeru customs and that the family was agreeable to those wishes. He also stated that the deceased person’s only daughter is married and is comfortable wherever she is married. The deceased person left behind 271/Upper Mukumbune. On 3rd June 2012 grant was made to Japhet Nkari Mburugu wanted the temporary grant to be confirmed before expiry of statutory period claiming that Agnes Mkirema was sick and she required urgent medical attention so he wanted to sell part of the suit property which he could only do if certificate is issued.
The application was allowed. The grant made to Japhet Nkari was revoked on 4th May 2017 and Agnes Regiri Kirima and the children of her sister Curi M’Iranki allowed to take out Letters of Administration and confirmation of grant. Edward Gichuru Rwito filed application for confirmation dated 30th November 2017 and at paragraph 5 of affidavit supporting the application he proposed how the estate is to be distributed. This estate should rightly be distributed between the 2 daughters of the deceased namely:-
i. Curi M’Iranki – Deceased
ii. Agnes Muthoni.
The application to revocation indicates Edward Gichuru Rwito is one of the children of Curi M’Iranki – now deceased – who was daughter of the deceased person in this succession cause. Edward Gichuru M’Rwito does not explain why he wants balance of one acre to devolve to him and yet he should inherit through his mother Curi M’Iranki. This estate will be shared equally between Agnes Muthoni and the children of her late sister curi M’Iranki. Thus Edward Gichuru and Kureta Kathure John will hod what was due to Curi M’Iranki on their behalf and on behalf of other children of the Late Curi M’Iranki to share equally. It is not explained who Mary Karambu is to the deceased and if a niece why she should inherit from the deceased and not her parents.
Those are orders of this court.
HON. A.ONG’INJO
JUDGE
JUDGMENT DELIVERED, SIGNED AND DATED THIS 27TH DAY OF SEPTEMBER 2018.
In the presence of
Applicant:
Respondent :
HON. A.ONG’INJO
JUDGE