[2022] KEHC 9903 (KLR)

In re Estate of M’Munyua M’Muguongo (Deceased) (Succession Cause 65 of 1993) [2022] KEHC 9903 (KLR) (7 July 2022) (Ruling)

Neutral citation: [2022] KEHC 9903 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 65 of 1993

TW Cherere, J

July 7, 2022

IN THE MATTER OF ESTATE OF M’MUNYUA M’MUGUONGO alias IKUNYUA MUGUONGO (DECEASED)

Between

Lawrence Mwebia

Petitioner

and

Margaret Gakii Muriithi

1st Respondent

Julius Mwituria Mipwi

2nd Respondent

Lucy Gaicugi Kaburu

3rd Respondent

Celina Kathure Mutwiri

4th Respondent

Naomi Ntibuka Barton

5th Respondent

Moses Mugambi Mutwiri

6th Respondent

Faith Gatwiri Mutwiri

7th Respondent

Alex Munene Mutwiri

8th Respondent

Ruling

Background 1. By a ruling dated 21st June, 2018, Ongínjo J. made the following orders:1)Lawrence Mwebia, Cherina Kanugu and Gervasio are appointed joint administrators to estate. L.R. No. Abogeta/Nkachie/33 will be held in trust in the joint names of the petitioner/Respondent and Gerasio Kithinji Thuranira pending determination as to whether the same was trust land.2)Land No. Nkuene/Ngonyi/273 be distributed equally amongst the children of the deceased person herein unless otherwise agreed3)Certificate of confirmation to issue

2. In the same ruling, the judge noted that deceased was survived by the following:WidowKajuju MunyuaChildreni.Cherina Kanuguii.Zabera Mwaromoiii.Rose Gatwiriiv.Lawrence Mwebiav.Mark Kinyuru

3. I have considered the application in the light of the affidavits on record and submissions by the parties. The firm of Okubasu, Munene & Kazungu LLP Advocates be granted leave to come on record after judgment.

4. From the court record and the parties’ affidavits, I note that the following issues are not disputed:1)Lawrence Mwebia, Cherina Kanugu and Gerasio Kithinji Thuranira have neither obtained the Certificate of Confirmation of Grant in terms of the court’s orders issued on 21st June, 20182)Land No. Nkuene/Ngonyi/273 has not been distributed equally amongst the children of the deceased person as ordered by this court on 21st June, 2018. 3)There is no evidence that a determination has been made concerning whether L.R. No. Abogeta/Nkachie/33 is trust land4)Some parties including the Applicant have intermeddled with the estate of the deceased

5It is to be remembered that court orders are not made in vain. This was appreciated by Ojwang, J (as he then was) in B vs. Attorney General [2004] 1 KLR 431 that:“The Court does not, and ought not to be seen to, make Orders in vain; otherwise the Court would be exposed to ridicule, and no agency of the Constitutional order would then be left in place to serve as a guarantee for legality, and for the rights of all people.

6. This court frowns upon parties that do not comply with court orders. If for any reason the parties had difficulty in complying with the court orders, the honourable thing to do was to come back to court and explain the difficulties faced by the need to comply with the order for the reason that once a Court order is made in a suit, the same is valid unless set aside on review or on appeal.

7. The totality of the evidence on record leaves no doubt in my mind that the Applicant is the cause of the mess in this cause for the reason that he has intermeddled by disposing off parts of the estate and is therefore underserving of continuing being an administrator to this estate.

8. In the end, summons dated 09th March, 2022 is considered and it is hereby ordered:1)Lawrence Mwebia is hereby removed from being an administrator to deceased’s estate thereby leaving Cherina Kanugu and Gervasio Kithinji Thuranira as the joint administrators of the estate2)All titles arising from subdivisions of L.R. No. Abogeta/Nkachie/33 and Land No. Nkuene/Ngonyi/273 are hereby cancelled3)An order is hereby made for rectification of the register for LR No. Abogeta/Nkachie/33 and LR No. Nkuene/Ngonyi/273 reverting them to the name of M’Munyua M’Muguongoalias Ikunyua Muguongo (deceased) for purposes of distribution4)Cherina Kanugu and Gervasio Kithinji Thuranira shall obtain the Certificate of Confirmation of Grant and proceed to distribute the estate in terms of this court’s orders issued on 21st June, 2018 except that L.R. No. Abogeta/Nkachie/33 will be held in trust in the joint names of the Cherina Kanugu and pending determination as to whether the same is trust land.5)The rights of the 1st to 3rd Respondents who claim to have purchased land from the Applicant and any other purchaser are not protected by the law of succession and their claim lies in a claim against the respective vendors6)Applicant shall bear the costs of this application7. Mention on 19 th October, 2022 to confirm distribution of the estate

DELIVERED AT MERU THIS 07 TH DAY OF JULY, 2022T. W. CHEREREJUDGEAppearancesCourt Assistant - KinotiFor Applicant - M/s Okubasu, Munene & Kazungu LLP AdvocatesFor 1 to 3rd Respondents - M/s Charles Kariuki & Kiome Associates AdvocateFor 4th to 8th Respondents - N/A for Kiogora Mugambi & Co. Advocates