[2022] KEHC 14644 (KLR)

In re Estate of M’Ngaruthi M’Rintaugu - (Deceased) (Succession Cause 101 of 2016) [2022] KEHC 14644 (KLR) (3 November 2022) (Ruling)

Neutral citation: [2022] KEHC 14644 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 101 of 2016

TW Cherere, J

November 3, 2022

IN THE MATTER OF THE ESTATE OF M’NGARUTHI M’RINTAUGU - (DECEASED) AND

IN THE MATTER OF AN APPLICATION FOR REVIEW BY

In the matter of

Evangeline Karuthu

1st Administrator

Fredrick Mworia Gituampia

2nd Administrator

Ruling

1. By a Certificate of Confirmation of Grant dated November 11, 2019, deceased’s estate in KCB Certificate No xxxx A/C xxxx, Safaricom Certificate No , Kengen Certificate No xxxx A/C, Kenya Airways Certificate No xxxxxxx, Capital Sacco Certificate No , Co-Op Certificate No xxxxx A/C xxxxxx, Ntima Nyakiru Sacco and Standard Bank Certificate No xxxxx A/C xxxxx Be distributed equally to:1. Martha Karegi M’Ngaruthi2. Gladys Kathure M’Ngaruthi3. Salome Karuru4. Evangeline Karuthu5. Fredrick Mworia Gituampia6. Japhet Muthuyia M’Ngaruthi7. Florence Karamuta Murira8. Rebecca Karoki Gituampia9. Ruth Rigiri Joseph10. Judith Kaari Mwiti11. Alice Kaguri Gituampia

2. The estate in land was distributed as follows:1. Kaura Robert Ithima/Antuambui/5565(0. 05 Ha)2. Judy Robert Ithima/Antuambui/1429(0. 04 Ha)3. Charles Robert Ithima/Antuambui/3012(0. 07 Ha) (To Spouse and Children)4. John Mutuma & Julius Ng’olua Ithima/Antuambui/5563(0. 11 Ha)5. Alexander Mithika & Isaiah Muriki Ithima/Antuambui/3012(0. 23 Ha6. Jacinta Kendi Robert Ithima/Antuambui/5596(0. 08 Ha)7. Lucy Kawira Robert Ithima/Antuambui/1239(0. 04 Ha)8. Rosaline Kinya Ithima/Antuambui/1226(0. 04 Ha)9. Mary Mwendwa Ithima/Antuambui/1224(0. 07 Ha)10. Lucy Kamami Ithima/Antuambui/1212(0. 04 Ha)11. Fredrick Kaberia Ithima/Antuambui/1451(0. 03 Ha)12. Susan Nkatha Ithima/Antuambui/1296(0. 099 Ha)13. David Mugambi Ithima/Antuambui/1295(0. 03 Ha)14. Silveria Kathoni Ithima/Antuambui/1286(0. 07 Ha) (Or her survivors to share equally)15. Beatrice Robert Ithima/Antuambui/1257(0. 04 Ha) (Or her survivors to share equally)16. Teresia Tirindi Ithima/Antuambui/3187(0. 81 Ha)17. Ithima/Antuambui/3057 (3. 00 Ha) to be shared equally among deceased person’s sons from 1st and 3rd house and where deceased those present to hold in trust for the children.i.Charles Gitongo (Deceased)ii.Patrick Kamenchuiii.Joseph Kinyua (Deceased)iv.Isaiah Muriuki (Deceased)v.John Mutumavi.Mark Ng’olua (Deceased)18. Ithima/Antuambui/3057 (3. 00 Ha) to be shared equally among deceased person’s sons from the 3 housesi.Charles Gitongo (Deceased)ii.Patrick Kamenchuiii.Joseph Kinyua(Deceased)iv.Isaiah Muriuki(Deceasedv.John Mutumavi.Mark Ng’olua(Deceased)vii.Tirindi Robert19. Plot at Laare Market jointly toi.Terisia Kaindaii.Tirindi Robertiii.Susan Nkathaiv.Lucy Kamami 20. The shares are to go to the nominees as per the records in the institutions where they are held, otherwise if no nominees then they shall be distributed equally amongst beneficiaries.

21. Monies held at different banks in the names of the deceased should be shared equally among the deceased persons’ children and surviving widow upon establishing particulars of the account and banks.

2. By chambers summons dated December 6, 2021, Evangeline Karuthu (1st Administrator) prays that the inheritance of Gladys Kathure M’Ngaruthi who died before distribution be distributed to his six children equally and Plot No 4B Kinoru be sold and proceeds be shared equally among the children.

3. Fredrick Mworia Gituampia (2nd Administrator) and Japhet Muthuyia M’Ngaruthi opposed the summons vide their affidavits sworn on March 31, 2022. They aver aver that the properties distributed Gladys Kathure M’Ngaruthi have already been vested and that it is unprocedural to ask this court to deal with administration of two estates in on Petition.

Analysis and determination 3. I have considered the application in the light of the supporting affidavit, the two replying affidavits and annexures thereto.

4. The primary duty of the probate court is to distribute the estate of the deceased to the rightful beneficiaries. As of necessity, the estate property must be identified. (See In re Estate of Julius Ndubi Javan (Deceased) [2018] eKLR).

5. As stated at paragraph (!) above, the estate of the deceased in this matter was distributed vide a Certificate of Confirmation of Grant dated November 11, 2019 and it has not been demonstrated that the estate has not already been vested on the beneficiaries.

6. Whereas there is evidence in the form of a certificate of death that Gladys Kathure M’Ngaruthi died on January 21, 2020, the orders sought relate not to the administration of the estate of the deceased herein but the estate of the said Gladys Kathure M’Ngaruthi.

7. Having said that, I agree with the Respondent that the application to administer the estate of Gladys Kathure M’Ngaruthi in the matter of the estate of M’ngaruthi M’rintaugu is untenable.

8. Consequently, this court makes the following orders:1. The Certificate of Confirmation of Grant dated November 11, 2019 is reviewed to the extent that the distribution in favour of Gladys Kathure M’Ngaruthi shall vest in her estate.2. The Certificate of Confirmation of Grant dated November 11, 2019 shall be amended accordingly

DATED AT MERU THIS 03RD DAY OF NOVEMBER 2022T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiFor 1stAdministrator/Applicant - Mr. Murango for Murango Mwenda & Co AdvocatesFor 2ndAdministrator - Mr. Gikunda for Gikunda Anampiu & Co. Advocates