[2018] KEHC 9513 (KLR)
The court declined the application on the basis that Section 35 of the Law of Succession Act had been overlooked, as the applicant sought absolute ownership of assets where only a life interest is permitted by law. Additionally, one beneficiary, Edward Kariuki Murimi, refused to consent to the proposed distribution,...
Source-derived case information.
- Citation
- [2018] KEHC 9513 (KLR)
- Parties
- Applicant: Alice Wambui Murimi; Respondent: Charity Njeri Murimu; Respondent: Edward Kariuki Murimi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1399 of 2009
- Procedural Posture
- Succession Cause / Ruling on Application to Add Assets and Vary Distribution
- Outcome
- application declined
- Judges
- A Ali-Aroni
- Legal Topics
- Intestate Succession, Life Interest, Distribution of Estate, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Alice Wambui Murimi
Applicant
Charity Njeri Murimu
Respondent
Edward Kariuki Murimi
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Add Assets and Vary Distribution
Legal Issues
- 1 Whether the applicant is entitled to have additional shares added to the estate and allocated solely to her.
- 2 Whether the applicant can be granted absolute ownership of assets previously held in trust for her family.
- 3 Whether the lack of consent from a beneficiary invalidates the proposed distribution.
Ratio Decidendi
The court declined the application on the basis that Section 35 of the Law of Succession Act had been overlooked, as the applicant sought absolute ownership of assets where only a life interest is permitted by law. Additionally, one beneficiary, Edward Kariuki Murimi, refused to consent to the proposed distribution, making it impossible to proceed without unanimous agreement. The court also found the consents filed to be suspect, as they appeared to be improperly executed and did not clearly indicate agreement to the giving away of the properties. No rational explanation was provided for why the applicant should receive all the shares to the exclusion of other beneficiaries. Therefore,...
Court Disposition
application declined
Orders
- The application to add shares and allocate them solely to Alice Wambui Murimi is declined.
- Charity Njeri Murimu and Alice Wambui Murimu are directed to appear in court.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. 1399 OF 2009
IN THE MATTER OF THE ESTATE OF PETER MURIMI KAGWURA A.K.A. PETER D. MURIMI KAGWURA (DECEASED)
R U L I N G
1. Section 35of theLaw of succession Act (The Act) provides that subject to the provision of Section 40 of the Act, the surviving spouse shall have the personal and household effects of the deceased absolutely; and a life interest in the whole residue of the net intestate estate provided that interest shall determine if the widow remarries to any person.
2. The deceased herein Peter Murimi Kagwura A.K.A Peter D. Murimi died intestate and left behind two widows. A grant of representation was issued on 12th November 2013 and confirmed on the 11th of October 2016 where properties were distributed to the two homes in accordance with Sections 35and 40of theAct.
3. Before this court is an application by one of his widows Alice Wambui Murimi dated 15th May, 2018 seeking to:
1. To add to the assets of the estate shares held in 10 different companies that were left out at the time of distribution.
2. And that all the shares go to her.
3. That the assets where the applicant as a widow was to have a life interest and held in trust for her family be given to her absolutely.
4. The only reason for the application is that the shares were inadvertently left out as the administrators were not aware of them. No reason is given why she should be the absolute owner of her families’ entitlement.
5. In an affidavit sworn by Charles Njuguna, Alice Wambui and Charity Njeri, it is said that a son of Alice, one Edward Kariuki Murimi had refused to cooperate.
6. First, all the beneficiaries ought to agree on distribution clearly one has refused. He did not only fail to sign where Alice was to hold in trust but he has refused to consent to Alice Wambui getting all his families entitlement absolutely. And in my view there lies the problem.
7. By law the widow is to hold a life interest in the estate and in case she remarries, the properties revert to the children and so in the case of her demise. In this case, in the event that Alice Wambui disposes off the properties or re-marries what happens to the others and especially the one who has refused to cooperate and rightly so in this instance. He has refused to give his entitlement away.
8. The court further takes cognisant that the consent, filed do not appear to be consent, to the giving away of the properties. If indeed it is then the impression is that those who signed appended signatures on separate paper separate from the other documents. Properties are on a separate page, the shares to the consent now reflect 25 different companies and are on a separate page. The page with the signature is on its own, with a different font completely; definitely not part of the entire document. Thirdly why would Alice have 25 separate shares to herself as against all other beneficiaries? What is the rational? Have all the houses and beneficiaries agreed?
9. In view of the above background the application is declined for the reason that:
i) Section 35of theLaw of Succession Act has been over looked.
ii) One of the beneficiaries has declined to consent to give up his entitlement.
iii) No rational or explanation has been given for (1) above, why Alice one beneficiary is to get 25 shares in different companies to the exclusion of others.
iv) The consent filed on the face of it looks suspect.
10. Having said the above, Charity Njeri Murimu and Alice Wambui Murimu are directed to appear in court.
DATED, SIGNEDandDELIVEREDat NAIROBI this 4th DAY OF October, 2018.
…………………………………….
ALI-ARONI
JUDGE