[2025] KEHC 2753 (KLR)
The court found that, in the absence of a surviving spouse and with six surviving children (including the estate of a deceased child, Renny Maina Mwangi), Section 38 of the Law of Succession Act mandates equal distribution of the net estate among all children. The administrators' failure to include the estate of...
Source-derived case information.
- Citation
- [2025] KEHC 2753 (KLR)
- Parties
- Applicant: James Mugi Mwangi; Applicant: George Gathumbi; Applicant: Muthoni Mwangi; Applicant: Njeri Mwangi; Respondent: Jane Wairimu Munge
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 97 of 2017
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant and Distribution of Estate
- Outcome
- Protest partially allowed; grant confirmed on terms set out in the ruling; equal distribution among six children including estate of Renny Maina Mwangi; parties at liberty to apply; each party to bear own costs.
- Judges
- A Mshila
- Legal Topics
- Succession, Intestate Distribution, Confirmation of Grant, Beneficiary Rights, Estate Accounting
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Mugi Mwangi
Applicant
George Gathumbi
Applicant
Muthoni Mwangi
Applicant
Njeri Mwangi
Applicant
Jane Wairimu Munge
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Distribution of Estate
Legal Issues
- 1 Whether the estate of Renny Maina Mwangi, a deceased beneficiary, should be included in the distribution of Mary Karugi Mwangi's estate.
- 2 Whether the administrators provided a full and accurate account of the estate's assets, liabilities, and income, including rental income and withdrawn funds.
- 3 What is the appropriate and lawful mode of distribution of the estate among the beneficiaries.
Ratio Decidendi
The court found that, in the absence of a surviving spouse and with six surviving children (including the estate of a deceased child, Renny Maina Mwangi), Section 38 of the Law of Succession Act mandates equal distribution of the net estate among all children. The administrators' failure to include the estate of Renny Maina Mwangi was an error previously addressed by the court. The court determined that, where there was no consensus or contest, the properties and shares listed in the estate should be distributed equally among the six children or their estates. Where there was consensus, the court adopted the agreed mode of distribution. The administrators were required to provide full...
Court Disposition
Protest partially allowed; grant confirmed on terms set out in the ruling; equal distribution among six children including estate of Renny Maina Mwangi; parties at liberty to apply; each party to bear own costs.
Orders
- The protest is partially allowed.
- Contentious properties to be distributed equally among the six children, including the estate of Renny Maina Mwangi.
Full Case Text
Judgment text and source record
121 paragraphs
In re Estate of Mary Karugi Mwangi (Deceased) (Succession Cause 97 of 2017) [2025] KEHC 2753 (KLR) (7 March 2025) (Ruling)
Neutral citation: [2025] KEHC 2753 (KLR)
Republic of Kenya
In the High Court at Kiambu
Succession Cause 97 of 2017
A Mshila, J
March 7, 2025
Between
James Mugi Mwangi
1st Administrator
George Gathumbi
2nd Administrator
Muthoni Mwangi
3rd Administrator
Njeri Mwangi
4th Administrator
and
Jane Wairimu Munge
Objector
Personal Representative of the Estate of Renny Maina Mwangi
Ruling
Background 1. The estate subject to distribution is the estate of Mary Karugi Mwangi (deceased) who died on 15th May, 2016.
2. On 5th July, 2017 the Administrators herein petitioned for Letters of Administration intestate. However, the Objector filed her objection as the personal representative of the Estate of Renny Maina Mwangi a beneficiary of the estate of the deceased herein for having been left out of the estate.
3. On 24th September, 2018, the court in its ruling held that the Administrators erred in failing to include the estate of Renny Maina Mwangi in the list of beneficiaries of the deceased. The Administrators were also issued with the grant of letters of administration and were directed to provide a full inventory of all assets and liabilities of the deceased as well as an accurate account in respect of Kshs. 2,480,887. 87 which had been drawn from the deceased’s bank account.
4. Subsequently, the Administrators filed their Summons for Confirmation of Grant dated 10th February, 2020 where they gave their proposed mode of distribution which was objected to on the grounds that it was unfair, in that the estate of Renny Maina Mwangi was not consulted and that no valuation had been conducted.
5. On 22nd September, 2022 the court in its ruling directed that all the properties of the deceased be valued by a valuer to be agreed upon by both parties and an affidavit to be filed in court indicating the value of the shares of the deceased.
6. Later on 17th January, 2024, the court directed the parties to file and exchange written submissions on their proposed mode of distribution.
Objector’s Submissions 7. The Objector submitted that the Administrators did not disclose the number of shares of the deceased held in items xviii-xxvii and the value of shares the deceased held in companies listed from items xi-xxvii as per the list of assets provided in the Summons for Confirmation of Grant dated 10th February 2020. No evidence had been provided on the dividends declared from the deceased’s shares from the time of death as well as statements on funds held in the deceased’s account from the time of her death. The Objector sought orders that the Administrators render an account on where all the rental income collected from Flat No. 6 on LR. NO. 209/69/2 and Thika Section 9 on LR. NO. 4953/IX/14 had been deposited or how it had been utilized as well as how Kshs. 2,480,887. 87 withdrawn from the deceased’s account was spent.
8. The Objector’s proposed mode of distribution is as follows:-Name of property Value as Provided by Machogu Survey Consultancy Ltd beneficiary Share
Ruiru East Block 2/ T5256 (Juja farm) 0. 0800 Ha 2,000,000/= Muthoni Mwangi Absolutely
Loc 19/ Gacharegeini/ 3620 14,000,000/= James Mugi Maina George Gathumbi Mwangi Equally
Juja town 12959/2 11,000,000/= James Mugi Mwangi Absolutely
L.R no. 12506/240 0. 0646Ha 8,000,000/= George Gathumbi Mwangi Absolutely
Ruiru East Block 2/4185 (Juja farm)- 1. 300Ha 10,000,000/= Muthoni Mwangi Njeri Mwangi Carole Nduta Mwangi Equally
Juja Kiaura Farm Block 1/206 20,000,000/= Muthoni Mwangi Njeri Mwangi Carole Nduta Mwangi Equally
L.R No, 209/ 69/2 (Flat No. A6) 11,000,000/- Estate of Renny Maina Mwangi Absolutely
Loc 2/ Gacharageini/ 690 Not valued Subject to valuation being carried out:- James Mugi Mwangi George Gathumbi Mwangi Carole Nduta Mwangi Muthoni Mwangi NjeriMwangi Equally
Thika section 9 L.R. No. 4953/IX/14 Not valued Subject to valuation being carried out:- Karugi Holdings Absolutely
Thika Municipality Block 17/721-0. 0841 Ha Not valued Subject to valuation being carried out:- Estate of Maina Mwangi Absolutely
ICDC Shares- 4876 shares Not valued be sold and proceeds applied towards settling liabilities Absolutely
NIC (National Industrial Credit Bank) Ltd shares-2529 shares Not valued be sold and proceeds applied towards settling Liabilities
NIC Bank shares- 8844 shares as per the share certificates provided Not valued be sold and proceeds applied towards settling Liabilities
Mumias sugar company-4,000 shares Not valued be sold and proceeds applied towards settling Liabilities
Centum shares-8,251 shares Not valued be sold and proceeds applied towards settling Liabilities
Lang'ata Development Co. Limited- plot no. Block B. 767 Not valued Subject to valuation: be Sold and proceeds shared:- James Mugi Mwangi George Gathumbi Mwangi Muthoni Mwangi Njeri Mwangi Carole Nduta Mwangi Estate of Maina Mwangi Equally
Mumathi Women Group-under Lang'ata development co. Ltd- 50 shares Not valued Karugi Holdings Limited Absolutely
Safaricom shares- No share certificate provided Share certificates be provided be sold and proceeds applied towards settling liabilities
Kengen shares- No share certificate provided Share certificates be provided be sold and proceeds applied towards settling liabilities
Kenya Re- shares- No share certificate provided Share certificates be provided be sold and proceeds applied towards settling liabilities
Samima Investments Limited-No share certificate provided Share certificates/CR-12 be provided Subject to valuation: James Mugi Mwangi George Gathumbi Mwangi Muthoni Mwangi Njeri Mwangi Carole Nduta Mwangi Estate of Maina Mwangi Equally
S.M Maina Coffee Limited- No Share certificate provided Share certificates/CR-12 be provided Subject to valuation: James Mugi Mwangi George Gathumbi Mwangi Muthoni Mwangi Njeri Mwangi Carole Nduta Mwangi Estate of Maina Mwangi Equally
Excellence Samima vest limited- No share certificate provided Share certificates/CR-12 be provided Karugi Holdings Limited Absolutely
Mangu Investment Limited-No share certificate provided
Karugi Holdings Limited Absolutely
Gachororo Farmers Co. Limited-No share certificate provided Share certificates be provided James Mugi Mwangi George Gathumbi Mwangi Muthoni Mwangi Njeri Mwangi Equally
Mioro Trading Company-No share certificate provided Share certificates be provided Karugi Holdings Limited Absolutely
New Mioro General Stores-No share certificate provided Share certificates be provided Karugi Holdings Limited Absolutely
KBZ 075C
Absolutely
KBZ 441Y
Absolutely
Administrators’ Submissions. 9. The Administrators submitted that they have complied with the orders of the court and have always given a true and proper account of all assets, liabilities, incomes and that all the beneficiaries were duly informed. The claim that the estate of Renny Maina (deceased) was not consulted on the mode of distribution was said to be untrue and that the estate of Renny has been duly provided for and that the distribution was done fairly. It was submitted that any non-disclosure is due to the unavailability of the information at the time and that the statements of account are available to all the beneficiaries for perusal. Valuation was said to have been undertaken at the cost of the Administrators.
10. The Administrators preferred mode of distribution was given as follows;-No. Property Name/LR. No beneficiary Share
1. Ruiru East Block 2/T5256 (juja Farm) Estate of Renny Maina Mwangi (3 Acres) Absolutely
2. Loc 19/gacharageini/3620 Estate of Renny Maina Mwangi (3 Acres), James Mugi Mwangi (4 Acres), George Gathumbi Mwangi (5 Acres) 3 Acres,4 Acres & 5 Acres Respectively
3. Juja town - Lr No. 12959/2 James Mugi Mwangi Absolutely
4. Gachororo Plot 12506/240 George Gathumbi Mwangi Absolutely
5. Ruiru East Block 2/4184 (juja Farm) Muthoni Mwangi, Njeri Mwangi, Carole Nduta Mwangi Equally
6. Juja Kiaura Farm Block 1/206 Muthoni Mwangi, Njeri Mwangi, Carole Nduta Mwangi Equally
7. Nairobi LR. No. 209/69/2 (flat No. A6) Muthoni Mwangi, Njeri Mwangi, Carole Nduta Mwangi Equally
8. Murang’a Loc 2/gacharage/690 John Mburu, Harun Muiru Jointly
9. Thika Section 9 4953/1x/14 Administrators to Hold In Trust Absolutely
10. Thika Athena Coffee Block /17/721 Administrators to Hold In Trust Absolutely
11. Icdc Shares Proceeds and Dividends to be Used for the Administration of the Estate Shares to be Liquidated
12. NIC (nation Industrial Credit Bank) Ltd Shares Proceeds and Dividends to be Used for the Administration of the Estate Shares to be Liquidated
13. Mumias Sugar Company Shares Proceeds and Dividends to be Used for the Administration of the Estate Shares to be Liquidated
14. Centrum Shares Proceeds And Dividends to be Used for the Administration of the Estate Shares to be Liquidated
15. Kenya Re Shares Proceeds and Dividends to be Used for the Administration of the Estate Shares to be Liquidated
16. Safaricom Shares Proceeds And Dividends to be Used for the Administration of the Estate Shares to be Liquidated
17. Kengen Shares Proceeds And Dividends to be Used for the Administration of the Estate Shares to be Liquidated
18. Samima Investments Ltd-shares Administrators to Hold In Trust Absolutely
19. S.m.maina Coffee Ltd. Shares Administrators to Hold In Trust Absolutely
20. Excellence Samima Vest Ltd-shares Administrators to Hold In Trust Absolutely
21. Langata Development Co. Ltd Plot Block B. 767 Shares Administrators to Hold In Trust Absolutely
22. Mangu Investments Ltd-shares Administrators to Hold In Trust Absolutely
23. KBZ 075C Muthoni Mwangi Absolutely
24. KBZ 441Y Samima Investments Ltd Absolutely
Bank Accounts
25. Consolidated Bank Thika - Acccount Nos: 10031300000154, 0130010318100 & 013000057300 Administrators to Hold In Trust Absolutely
Issues for Determination 11. After reading the parties respective submissions this court has framed only one issue for determination which is distribution of the Estate of Mary Karugi Mwangi;
Analysis 12. In this instance there being no surviving spouse, the applicable section in these circumstances is found to be Section 38 which provides that the estate of the deceased be divided equally between the surviving children of the deceased; the section reads as follows;“38. Where intestate has left a surviving child or children but no spouse.Where an intestate has left a surviving child or children but no spouse, the net intestate estate shall, subject to the provisions of sections 41 and 42, devolve upon the surviving child, if there be only one, or shall be equally divided among the surviving children.”
13. Where the parties have failed to agree this court will apply the provisions of Section 38 of the Law of Succession as it is not disputed that both parents are deceased;. It is also not in dispute that the deceased was survived by Six (6) children; therefore the contentious properties of estate as listed hereunder shall be distributed in accordance with the section that is equally among the deceased’s Six (6) children, this is inclusive of the family of the sibling who is deceased;Ruiru East Block 2/ T5256 (Juja farm) 0. 0800 Ha 2,000,000/= James Mugi Mwangi George Gathumbi Mwangi Carole Nduta Mwangi Muthoni Mwangi NjeriMwangi Estate of Renny Maina Mwangi Equally
L.R No, 209/ 69/2 (Flat No. A6) 11,000,000/- Estate of Renny Maina Mwangi James Mugi Mwangi George Gathumbi Mwangi Carole Nduta Mwangi Muthoni Mwangi NjeriMwangi Equally
Muranga Loc 2/ Gacharageini/ 690 Not valued Subject to valuation being carried out:- James Mugi Mwangi George Gathumbi Mwangi Carole Nduta Mwangi Muthoni Mwangi NjeriMwangi Estate of Renny Maina Mwangi Equally
Thika Section 9 L.R. No. 4953/IX/14 Not valued Subject to valuation being carried out:- James Mugi Mwangi George Gathumbi Mwangi Carole Nduta Mwangi Muthoni Mwangi NjeriMwangi Estate of Renny Maina Mwangi Equally
Thika Municipality Block 17/721 0. 0841 Ha Not valued Subject to valuation being carried out:- Estate of Renny Maina Mwangi James Mugi Mwangi George Gathumbi Mwangi Carole Nduta Mwangi Muthoni Mwangi NjeriMwangi Equally
Samima Investments Limited-No share certificate provided Share certificates/CR-12 be provided Subject to valuation: James Mugi Mwangi George Gathumbi Mwangi Muthoni Mwangi Njeri Mwangi Carole Nduta Mwangi Estate of Maina Mwangi Equally
S.M Maina Coffee Limited- No Share certificate provided Share certificates/CR-12 be provided Subject to valuation: James Mugi Mwangi George Gathumbi Mwangi Muthoni Mwangi Njeri Mwangi Carole Nduta Mwangi Estate of Maina Mwangi Equally
Lang'ata Development Co. Limited- plot no. Block B. 767 Not valued James Mugi Mwangi George Gathumbi Mwangi Muthoni Mwangi Njeri Mwangi Carole Nduta Mwangi Estate of Maina Mwangi Equally
Excellence Samima vest limited- No share certificate provided Share certificates/CR-12 be provided James Mugi Mwangi George Gathumbi Mwangi Muthoni Mwangi Njeri Mwangi Carole Nduta Mwangi Estate of Maina Mwangi Equally
Mangu Investment Limited-No share certificate provided
James Mugi Mwangi George Gathumbi Mwangi Muthoni Mwangi Njeri Mwangi Carole Nduta Mwangi Estate of Maina Mwangi Equally
Loc 19/ Gacharegeini/ 3620 14,000,000/= James Mugi Maina George Gathumbi Mwangi Muthoni Mwangi Njeri Mwangi Carole Nduta Mwangi Estate of Maina Mwangi Equally
14. This Court will abide with the proposed mode of distribution of the Estate of the deceased as listed hereunder where there is either no contest and/or where there is consensus by the parties;Juja Town 12959/2 11,000,000/= James Mugi Mwangi Absolutely
Gachororo Plot 12506/240 0. 0646Ha 8,000,000/= George Gathumbi Mwangi Absolutely
Ruiru East Block 2/4185 (Juja farm)- 1. 300Ha 10,000,000/= Muthoni Mwangi Njeri Mwangi Carole Nduta Mwangi Equally
Juja Kiaura Farm Block 1/206 20,000,000/= Muthoni Mwangi Njeri Mwangi Carole Nduta Mwangi Equally
ICDC SHARES
Proceeds and dividends to be used for the administration of the Estate Shares to be liquidated
NIC (National Industrial Credit Bank) Ltd shares-2529 shares Not valued Be sold and proceeds applied towards settling Liabilities
NIC Bank shares- 8844 shares as per the share certificates provided Not valued Be sold and proceeds applied towards settling Liabilities
Mumias sugar company-4,000 shares Not valued Be sold and proceeds applied towards settling Liabilities
Centum shares-8,251 shares Not valued Be sold and proceeds applied towards settling Liabilities
Mioro Trading Company-No share certificate provided Share certificates be provided Karugi Holdings Limited Absolutely
New Mioro General Stores-No share certificate provided Share certificates be provided Karugi Holdings Limited Absolutely
Mumathi Women Group – under Lang’ata Development Co. Ltd – 50 shares Not valued Karugi Holdings Limited Absolutely KBZ 075C Muthoni Mwangi Absolutely
KBZ 441Y Samima Investments Ltd Absolutely
Bank Accounts
Consolidated Bank Thika - Acccount Nos: 10031300000154, 0130010318100 & 013000057300 Administrators to Hold in Trust Absolutely
Findings and Determination 15. For the afore-going reasons this court makes the following findings and determination;i.The Protest is found to be partially with merit and it is hereby partially allowed;ii.The contentious properties of the estate of the deceased as set out in paragraph 13 shall be distributed in equal shares amongst the six (6) children of the deceased inclusive of the family of the Estate of Maina Mwangi;iii.The Grant is hereby confirmed on the terms set out in paragraphs 13 and 14;iv.The parties are at liberty to apply;v.Each party shall bear their own costs.It is so ordered.
DATED, SIGNED AND DELIVERED VIA TEAMS AT KIAMBU THIS 7TH DAY of MARCH, 2025. A. MSHILAJUDGEIn the presence of;Sanja – Court AssistantMbetsa h/b for Ndirangu for the ObjectorMwangi h/b for Agimba for the Administrators