[2024] KEHC 385 (KLR)
The court held that the estate of M'Ikiugu Mweru does not belong to the deceased beneficiaries, Elijah Mutwiri Kiugu and Patrick Mwenda, but to the original deceased. Therefore, upon the death of a beneficiary after confirmation of grant, their entitlement does not automatically devolve to other family members or...
Source-derived case information.
- Citation
- [2024] KEHC 385 (KLR)
- Parties
- Applicant: Gerrard Muriuki M'Ikungu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 727 of 2015
- Procedural Posture
- Succession Cause / Ruling on Summons for Redistribution of Shares of Deceased Beneficiaries
- Outcome
- application for redistribution declined; rectification of grant ordered
- Judges
- TW Cherere
- Legal Topics
- Succession, Estate Distribution, Confirmation of Grant, Rectification of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gerrard Muriuki M'Ikungu
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Redistribution of Shares of Deceased Beneficiaries
Legal Issues
- 1 Whether the shares of deceased beneficiaries Elijah Mutwiri Kiugu and Patrick Mwenda in the estate of M'Ikiugu Mweru can be redistributed directly to the applicant and Juliah Ndumba M’Ikiugu.
- 2 Whether the proper procedure is to vest the shares of the deceased beneficiaries in their respective estates.
Ratio Decidendi
The court held that the estate of M'Ikiugu Mweru does not belong to the deceased beneficiaries, Elijah Mutwiri Kiugu and Patrick Mwenda, but to the original deceased. Therefore, upon the death of a beneficiary after confirmation of grant, their entitlement does not automatically devolve to other family members or the applicant. Instead, the proper legal procedure is for the shares of the deceased beneficiaries to vest in their respective estates, to be distributed according to succession law. The applicant's request to redistribute the shares directly to himself and Juliah Ndumba M’Ikiugu was therefore untenable and declined. The court ordered rectification of the certificate of...
Court Disposition
application for redistribution declined; rectification of grant ordered
Orders
- The Certificate of Confirmation of Grant rectified on 22nd September, 2022 shall be further rectified to the extent that the shares for Elijah Mutwiri Kiugu and Patrick Mwenda shall vest in their respective estates.
- This cause shall be mentioned on 29th April, 2024 to confirm compliance with these orders and for further orders and/or directions.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of M'Ikiugu Mweru (Deceased) (Succession Cause 727 of 2015) [2024] KEHC 385 (KLR) (25 January 2024) (Ruling)
Neutral citation: [2024] KEHC 385 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 727 of 2015
TW Cherere, J
January 25, 2024
IN THE MATTER OF M’IKIUGU MWERU (DECEASED) AND IN THE MATTER OF REDISTRIBUTION OF THE SHARE FOR ELIJAH MUTWIRI KIUGU AND PATRICK MWENDA (DECEASED BENEFICIARIES)
In the matter of
Gerrard Muriuki M'Ikungu
Applicant
Ruling
1. The Certificate of Confirmation in this cause was issued to the Applicant on 08th November, 2018 but to date the estate has not been distributed.
2. Elijah Mutwiri Kiugu and Patrick Mwenda (Beneficiaries) are since deceased. By summons Dated 14th November, 2023, Applicant seeks to redistribute the share for Elijah Mutwiri Kiugu to himself and the share for Patrick Mwenda to their mother Juliah Ndumba M’Ikiugu.
3. The estate herein belongs to M’Ikiugu Mweru (Deceased) and not to either Elijah Mutwiri Kiugu nor Patrick Mwenda and an invitation to distribute their entitlements to the Applicant and Juliah Ndumba M’Ikiugu respectively is therefore untenable and it is declined.
4. In the end, it is hereby ordered as follows:1. Now that Elijah Mutwiri Kiugu and Patrick Mwenda are deceased, the Certificate of Confirmation of Grant rectified on 22nd September, 2022 shall be further rectified to the extent that the shares for Elijah Mutwiri Kiugu and Patrick Mwenda shall vest in their respective estates2. This cause shall be mentioned on 29th April, 2024 to confirm compliance with these orders and for further orders and/or directions
DATED AT MERU 25TH DAY OF JANUARY 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant - N/A for Igweta Muriithi & Co. Advocates