[2018] KEHC 6873 (KLR)
The court found that the applicant's proposed mode of distribution was fair, comprehensive, and unopposed. All beneficiaries were listed and provided for, and the sons of the deceased gave written consent to the distribution. The daughters, though served with notice, did not attend or object to the proceedings. The...
Source-derived case information.
- Citation
- [2018] KEHC 6873 (KLR)
- Parties
- Applicant: Grace Wakabari Mbiti; Respondent: Dennis Mwai Mbiti; Respondent: Peterson Muriuki Mbiti; Respondent: James Njoka Mbiti; Respondent: Joseph Nyaga Mbiti; Respondent: Lucy Wangari Miano; Respondent: Millicent Wakaria Muriithi; Respondent: Damaris Michere Ndegwa; Respondent: Faith Wangithi Mbiti; Respondent: Irene Wawira Wamai; Respondent: Janeffer Wambui Karatu
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 396 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Confirmation of Grant
- Outcome
- application for confirmation of grant allowed
- Judges
- LW Gitari
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Beneficiaries Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Wakabari Mbiti
Applicant
Dennis Mwai Mbiti
Respondent
Peterson Muriuki Mbiti
Respondent
James Njoka Mbiti
Respondent
Joseph Nyaga Mbiti
Respondent
Lucy Wangari Miano
Respondent
Millicent Wakaria Muriithi
Respondent
Damaris Michere Ndegwa
Respondent
Faith Wangithi Mbiti
Respondent
Irene Wawira Wamai
Respondent
Janeffer Wambui Karatu
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Grant
Legal Issues
- 1 Whether the proposed distribution of the deceased's estate is fair and in accordance with the law.
- 2 Whether all beneficiaries have been adequately provided for in the distribution of the estate.
- 3 Whether the application for confirmation of grant should be allowed.
Ratio Decidendi
The court found that the applicant's proposed mode of distribution was fair, comprehensive, and unopposed. All beneficiaries were listed and provided for, and the sons of the deceased gave written consent to the distribution. The daughters, though served with notice, did not attend or object to the proceedings. The court was satisfied that the requirements of the Law of Succession Act had been met, and that the application for confirmation of grant should be allowed as prayed. The distribution of the estate was therefore confirmed in accordance with the proposal submitted by the applicant.
Court Disposition
application for confirmation of grant allowed
Orders
- The application for confirmation of grant is allowed as prayed.
- The estate of the late Mbiti Njagi shall be distributed as proposed in the application dated 05/02/2015.
Full Case Text
Judgment text and source record
47 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
SUCCESSION CAUSE NO 396 OF 2014
IN THE ESTATE OF THE LATE MBITI NJAGI ........DECEASED
BETWEEN
GRACE WAKABARI MBITI.............PETITIONER/APPLICANT
RULING
Grant of letters of administration of the estate of Mbiti Njagi was issued to Grace Wakabari Mbiti on 09/12/2011 but was later revoked since some beneficiaries and properties had been left out. The deceased was survived by the following dependants:
a) Grace Wakabari Mbiti – wife
b) Dennis Mwai Mbiti – son
c) Peterson Muriuki Mbiti – son
d) James Njoka Mbiti – son
e) Joseph Nyaga Mbiti - son
f) Lucy Wangari Miano – daughter
g) Millicent Wakaria Muriithi – daughter
h) Damaris Michere Ndegwa – daughter
i) Faith Wangithi Mbiti – daughter
j) Irene Wawira Wamai – daughter
k) Janeffer Wambui Karatu – daughter
The administrator has now filed an application for confirmation of grant dated 05/02/2015 and proposed the distribution of the estate to be as follows:
PROPERTY NAME SHARE
1. Inoi/Kimandi/658
acres
1. 0 acres -Grace Wakabari Mbiti,
-Lucy Wangari Miano,
-MillicentWakaria Muriithi,
-Damaris Michere Ndegwa,
-Faith Wangithi Mbiti,
-Irene Wawira Wamai
and
- Janeffer Wambui Karatu.
-Grace Wakabari Mbiti
-Dennis Mwai Mbiti,
-Peterson Muriuki Mbiti,
-James Njoka Mbiti and
-Joseph Nyaga Mbiti Shared jointly
Shared jointly
2. Inoi/Kimandi/659 Dennis Mwai Mbiti Whole share
3. Inoi/Kimandi/6660 Peterson Muriuki Mbiti Whole share
4. Inoi/Kimandi/661 James Njoka Mbiti Whole share
5. Inoi/Kimandi/662 Joseph Nyaga Mbiti Whole share
A consent order was signed by the petitioner and the sons of the deceased who confirmed the distribution of the estate as above.
Hearing notice was duly served upon the six daughters of the deceased as per the affidavit of service dated 16/06/2015. However they failed to attend the hearing and/or raise any protest. The mode of distribution is therefore not opposed.
In that regard, the distribution of the deceased estate should be as proposed by the applicant. Looking at the application and the supporting affidavit, the net estate is listed as well as the list of beneficiaries. The mode of distribution shows that every beneficiary has been catered for. I therefore allow the application as prayed.
Dated and delivered at Kerugoya this 3rd day of May 2018
L. W. GITARI
JUDGE