[2021] KEHC 13492 (KLR)
The court found uncontroverted evidence that the applicant was legally married to the deceased, establishing her status as a lawful wife. Since the deceased had two houses—one with the petitioners' late mother and another with the applicant—the applicant and the petitioners are all entitled to administer the estate....
Source-derived case information.
- Citation
- [2021] KEHC 13492 (KLR)
- Parties
- Respondent: Patrick Kirugu Kang’ethe; Respondent: Michael Ndwiga Kirugu; Applicant: Mary Ann Wacheke Kirugu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 900 of 2019
- Procedural Posture
- Succession Cause / Ruling on Objection to Grant of Letters of Administration
- Outcome
- Objection upheld; joint grant of letters of administration to issue to petitioners and applicant.
- Judges
- AO Muchelule
- Legal Topics
- Succession, Intestate Estate, Letters of Administration, Polygamous Estate, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Kirugu Kang’ethe
Respondent
Michael Ndwiga Kirugu
Respondent
Mary Ann Wacheke Kirugu
Applicant
Procedural Posture
Succession Cause / Ruling on Objection to Grant of Letters of Administration
Legal Issues
- 1 Whether the applicant is a lawful wife of the deceased entitled to participate in administration of the estate.
- 2 Whether the petitioners erred by excluding the applicant from the petition for grant of letters of administration.
- 3 Who is entitled to administer the estate of the deceased under the Law of Succession Act.
Ratio Decidendi
The court found uncontroverted evidence that the applicant was legally married to the deceased, establishing her status as a lawful wife. Since the deceased had two houses—one with the petitioners' late mother and another with the applicant—the applicant and the petitioners are all entitled to administer the estate. The Law of Succession Act mandates that all interested parties, including lawful spouses, should be considered for administration. The petitioners' failure to involve the applicant was improper. The court directed that, subject to gazettement, a joint grant of letters of administration should issue to both the petitioners and the applicant, ensuring equitable representation of...
Court Disposition
Objection upheld; joint grant of letters of administration to issue to petitioners and applicant.
Orders
- Deputy Registrar to gazette the petition if not already done.
- If gazetted, a joint grant of letters of administration to issue to the petitioners and the applicant/objector.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 900 OF 2019
IN THE MATTER OF THE ESTATE OF NICHASIUS KIRUGU NDWIGA- DECEASED
PATRICK KIRUGU KANGETHE....1ST PETITIONER/RESPONDENT
MICHAEL NDWIGA KARUGU......2ND PETITIONER/RESPONDENT
VERSUS
MARY ANN WACHEKE KIRUGU................OBJECTOR/APPLICANT
RULING
1. This cause relates to the estate of Nichasius Kirugu Ndwiga who died intestate on 13th June 2019. On 8th October 2019 the petitioners/ respondents Patrick Kirugu Kang’ethe and Michael Ndwiga Kirugu petitioned this court for the grant of letters of administration intestate. The other beneficiaries were Agnes Wawira Kirugu, Monica Mukami Kirugu, Mercy Wacuka Kirugu and Valentine Ndwiga Kirugu.
2. The estate was stated to comprise LR No. Dagoretti/Ruthimitu/473, LR No. Kabere/Njiku/865, Plots at Makindu in Makueni County, vehicles KAT xxx A, tractor KTCB xxx P and A/C No. xxxxxxxxxx KCB.
3. The applicant/objector Mary Ann Wacheke Kirugu filed an objection to the making of the grant. Her case was that the deceased was her legal husband following a marriage contracted on 6th January 2002 at Waithaka Catholic Church. She produced a marriage certificate. They got a child on 13th February 2004. She produced a birth certificate. Her complaint was that the petitioners, who are sons of the deceased’s first wife who died, refused to engage her and seek her consent when filing the petition.
4. The petitioners did not respond to the objection, even upon service.
5. There is uncontroverted evidence that the applicant and the deceased were legally married. The deceased having had another wife who died leaving children, it means that the deceased had two houses. Under section 66 of the Law of Succession Act (Cap 160), the applicant and the petitioners (or any of them) should be able to administer the estate left by the deceased.
6. I direct the Deputy Registrar to have the petition gazetted, if it was not. If it was gazetted, then a joint grant should issue to the petitioners and the objector/applicant.
DATED AND DELIVERED AT NAIROBI THIS 3RD DAY OF NOVEMBER 2021.
A.O. MUCHELULE
JUDGE