[2024] KEHC 5564 (KLR)
The court found that the applicant, Janet Karimi M’Mbura, had provided evidence of the death of Julia Mainda Mutiga and was therefore entitled to be appointed as administrator in her place. However, since no evidence was provided to confirm the death of Stanley Kiuru, the Letters of Administration would continue to...
Source-derived case information.
- Citation
- [2024] KEHC 5564 (KLR)
- Parties
- Applicant: Janet Karimi M’Mbura; Administrator: Julia Mainda Mutiga; Administrator: Stanley Kiuru
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 141 of 2005
- Procedural Posture
- Succession Cause / Ruling on Summons for Appointment of Administrator and Rectification of Grant
- Outcome
- Application partially allowed.
- Judges
- TW Cherere
- Legal Topics
- Succession, Administration of Estates, Rectification of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janet Karimi M’Mbura
Applicant
Julia Mainda Mutiga
Administrator
Stanley Kiuru
Administrator
Procedural Posture
Succession Cause / Ruling on Summons for Appointment of Administrator and Rectification of Grant
Legal Issues
- 1 Whether Janet Karimi M’Mbura should be appointed as sole administrator of the deceased's estate.
- 2 Whether the Certificate of Confirmation of Grant issued on 7th December, 2011 should be rectified and amended to redistribute the estate.
Ratio Decidendi
The court found that the applicant, Janet Karimi M’Mbura, had provided evidence of the death of Julia Mainda Mutiga and was therefore entitled to be appointed as administrator in her place. However, since no evidence was provided to confirm the death of Stanley Kiuru, the Letters of Administration would continue to issue in the names of Julia Mainda Mutiga and Stanley Kiuru. The court further ordered rectification and amendment of the Certificate of Confirmation of Grant to distribute Julia Mainda Mutiga's share equally among her children, as requested by the applicant. The matter was set for mention to confirm compliance with these orders.
Court Disposition
Application partially allowed.
Orders
- Janet Karimi M’Mbura is appointed as administrator in place of Julia Mainda Mutiga.
- Letters of Administration shall issue in the names of Julia Mainda Mutiga and Stanley Kiuru.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Mutiga M'Ithiringi (Deceased) (Succession Cause 141 of 2005) [2024] KEHC 5564 (KLR) (25 April 2024) (Ruling)
Neutral citation: [2024] KEHC 5564 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 141 of 2005
TW Cherere, J
April 25, 2024
Between
Julia Mainda Mutiga (Deceased)
1st Administrator
Stanley Kiuru (Deceased)
2nd Administrator
and
Janet Karimi M’Mbura
Applicant
Ruling
1. Deceased’s estate comprising of Njia/Burieruri/1632 and Njia/Cia-mwendwa/844 was distributed by Certificate of Confirmation of Grant issued on 07th December, 2011.
Summons 1. By summons dated 11th December, 2023, Janet Karimi M’Mbura (Applicant) seeks the following orders: That-1. She be appointed as the sole administrator of Deceased’s estate2. Certificate of Confirmation of Grant issued on 07th December, 2011 be rectified and amended the estate be distributed as follows:1. The share for Julia Mainda Mutiga equally to her children Janet Karimi M’Mbura, Mukomwa Nathan Kungutia and Sabina Atii Bernard2. The share for Stanley Kiuru equally to his wife Grace Mwothiru and son Patrick Mugambi Kiuru
Analysis and Determination 2. Certificates of search for Njia/Burieruri/1632 and Njia/CiA-mwendwa/844 reveal that decease’s estate has to date not been distributed.
3. Whereas a certificate of death for Julia Mainda Mutiga has been availed, no evidence has been tendered to demonstrate that Stanley Kiuru is equally deceased.
4. It is therefore hereby ordered:1. Janet Karimi M’Mbura is appointed as administrator in place of Julia Mainda Mutiga2. Letters of Administration shall issue in the name of Julia Mainda Mutiga and Stanley Kiuru3. Certificate of Confirmation of Grant issued on 07th December, 2011 be rectified and amended and the share for Julia Mainda Mutiga be distributed equally to her children Janet Karimi M’Mbura, Mukomwa Nathan Kungutia and Sabina Atii Bernard
3. Mention on 19th September, 2024 to confirm compliance with these orders and for any such further orders
DELIVERED IN MERU 25th__ Day ofApril__ 2024********WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant -Ms. Kimathi for Carlpeters Mbaabu & Co. AdvocatesPage 3 of 3