[2024] KEHC 6474 (KLR)
The court found that it was in the interest of justice to substitute the deceased administrator with the applicant to enable completion of the administration of the estate. However, the court declined to redistribute the shares of the deceased beneficiaries directly to their spouses or other individuals, holding...
Source-derived case information.
- Citation
- [2024] KEHC 6474 (KLR)
- Parties
- Applicant: Bernard Gituma M’Kirimania; Respondent: Michael Mbaabu Kirimania
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 149 of 2015
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution of Administrator
- Outcome
- application partly allowed
- Judges
- TW Cherere
- Legal Topics
- Succession, Administrator Substitution, Estate Distribution, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Gituma M’Kirimania
Applicant
Michael Mbaabu Kirimania
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Administrator
Legal Issues
- 1 Whether the applicant should be substituted as administrator in place of the deceased administrator.
- 2 Whether the shares of the deceased beneficiaries should be redistributed or devolve to their respective estates.
Ratio Decidendi
The court found that it was in the interest of justice to substitute the deceased administrator with the applicant to enable completion of the administration of the estate. However, the court declined to redistribute the shares of the deceased beneficiaries directly to their spouses or other individuals, holding that such shares should devolve to the respective estates of the deceased beneficiaries in accordance with the Law of Succession Act. The court ordered the rectification of the Certificate of Confirmation of Grant to reflect these changes and directed that letters of administration issue in the name of the applicant.
Court Disposition
application partly allowed
Orders
- Bernard Gituma M’Kirimania is substituted with Michael Mbaabu Kirimania as administrator.
- Letters of administration to issue in the name of Bernard Gituma M’Kirimania.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of M'Kirimania M'Mugwongo (Deceased) (Succession Cause 149 of 2015) [2024] KEHC 6474 (KLR) (28 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6474 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 149 of 2015
TW Cherere, J
May 28, 2024
IN THE MATTER OF THE ESTATE OF M’KIRIMANIA M’MUGWONGO (DECEASED) AND IN THE MATTER OF AN APPLICATION FOR SUBSTITUTION OF ADMINISTRATOR
Between
Bernard Gituma M’Kirimania
Applicant
and
Michael Mbaabu Kirimania
Deceased
Ruling
1. The Certificate of Confirmation of Grant in this matter was issued on 16th February, 2017.
2. A certificate of death dated 13rd March, 2023 reveals that Michael Mbaabu Kirimania, the administrator, died on 22nd January, 2021.
3. As at the time of his death, and except for one asset, the bulk of the estate had not been fully distributed as evidenced by certificates of official search filed herein.
4. Another certificate of death dated 05th July, 2021 reveals that another beneficiary Benson Mukaria Kirimania is also deceased.
5. By summons dated 16th January, 2024, Bernard Gituma M’Kirimania (Applicant) seeks orders that:1. Applicant be substituted with Michael Mbaabu Kirimania, the deceased administrator2. Shares for Benson Mukaria Kirimania be distributed to his wife Hellen Mukuba S. M’Mboroki3. Shares for Michael Mbaabu Kirimania in NTIMA/IGOKI/4044, KIIRUA/RUIRI/1590 and TIMAU BLOCK 2/LEWA MUTONYI/5 be distributed to his wife Tarsilla Kajuju Thuranira4. Shares for Michael Mbaabu Kirimania in NTIMA/IGOKI/4073, RUIRI/RWARERA/1046 and ANTUAMBURI ADJUDICATION SECTION /5020 be distributed to his wife Tarsilla Kajuju Thuranira to hold in trust for all the other beneficiaries of the estate
6. Having considered the summons, I find that it is in the interest of justice to substitute the deceased administrator so that he can complete the distribution of the estate.
7. I however decline to redistribute the shares for the deceased beneficiaries namely Michael Mbaabu Kirimania and Benson Mukaria Kirimania and direct that their shares be distributed to their respective estates.
8. In the end, it is hereby ordered as follows;1. Bernard Gituma M’Kirimania is substituted with Michael Mbaabu Kirimania, the deceased administrator2. Letters of administration to issue in the name of Bernard Gituma M’Kirimania3. The Certificate of Confirmation of Grant dated 16th February, 2017 shall be rectified to the extent that the shares for Michael Mbaabu Kirimania and Benson Mukaria Kirimania shall be distributed to their respective estates4. Rectified Certificate of Confirmation of Grant to issue
DATED AT MERU THIS 28TH DAY OF MAY 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant -Present in person