[2022] KEHC 12029 (KLR)
The court found that the previous distribution of the estate, which excluded the daughter Margaret Njeri, was contrary to the Law of Succession Act, which mandates equal treatment of all children. The evidence showed that the widow desired an equal distribution among all her children, including herself. The court...
Source-derived case information.
- Citation
- [2022] KEHC 12029 (KLR)
- Parties
- Applicant: Esther Wangare Thumbi; Applicant: Joseph Wainaina Thumbi; Respondent: Margaret Njeri Thumbi; Appellant: Eunice Wamboi Maina
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 47 of 2000
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- Certificate of confirmation of grant revoked; estate to be distributed equally among all beneficiaries.
- Judges
- LK Kimaru
- Legal Topics
- Succession Distribution, Equal Inheritance Rights, Confirmation of Grant, Revocation of Grant, Female Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Wangare Thumbi
Applicant
Joseph Wainaina Thumbi
Applicant
Margaret Njeri Thumbi
Respondent
Eunice Wamboi Maina
Appellant
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the distribution of the deceased's estate excluding the daughter, Margaret Njeri, was lawful.
- 2 Whether all children of the deceased, regardless of gender, are entitled to equal shares in the estate.
- 3 Whether the certificate of confirmation of grant issued on 4th November 2021 should be revoked and substituted with an equal distribution among all beneficiaries.
Ratio Decidendi
The court found that the previous distribution of the estate, which excluded the daughter Margaret Njeri, was contrary to the Law of Succession Act, which mandates equal treatment of all children. The evidence showed that the widow desired an equal distribution among all her children, including herself. The court held that the certificate of confirmation of grant issued on 4th November 2021 was invalid to the extent that it excluded Margaret Njeri. The court revoked the previous grant and ordered that the estate, specifically Plot No. 54 Sinyerere Settlement Scheme, be distributed equally among the eight beneficiaries, with each receiving 2.85 acres. The share of the deceased son, Evans...
Court Disposition
Certificate of confirmation of grant revoked; estate to be distributed equally among all beneficiaries.
Orders
- The certificate of confirmation of grant issued on 4th November 2021 is revoked.
- Plot No. 54 Sinyerere Settlement Scheme shall be distributed equally among the eight beneficiaries, each receiving 2.85 acres.
Full Case Text
Judgment text and source record
26 paragraphs
In re Estate of Stephen Kimathi Thumbi (Decesed) (Succession Cause 47 of 2000) [2022] KEHC 12029 (KLR) (7 June 2022) (Judgment)
Neutral citation: [2022] KEHC 12029 (KLR)
Republic of Kenya
In the High Court at Kitale
Succession Cause 47 of 2000
LK Kimaru, J
June 7, 2022
IN THE MATTER OF THE ESTATE OF STEPHEN KIMATHI THUMBI – DECEASED
Between
Esther Wangare Thumbi
1st Petitioner
Joseph Wainaina Thumbi
2nd Petitioner
and
Margaret Njeri Thumbi
Objector
and
Eunice Wamboi Maina
Applicant
Judgment
1. Stephen Kimathi Thumbi, the deceased to whose estate there proceedings relate died on 15th June 1985. He left behind eight survivors being:1)Esther Wangare Thumbi – Widow2)James Mwangi – Son3)Joseph Wainaina – Son4)Francis Wachira – Son5)John Ndegwa – Son6)Evans Watari - (Son – now deceased)7)Daniel Kanya – Son8)Margaret Njeri – Daughter
2. The only property that the deceased owned and which comprise his estate is parcel No. Sinyerere Scheme Plot No. 54 measuring 22. 8 acres.
3. The parcel of land was previously distributed by the administrators to the beneficiaries, specifically the sons excluding Margaret Njeri, the daughter. According to one of the administrators, Joseph Wainaina Thumbi, the family had agreed that Margaret would inherit the portion that was inherited by their mother being two (2) acres. Margaret Njeri on her part, is adamant that as the daughter of the deceased, she had an equal right to inherit an equal share of her father’s estate.
4. This court heard the parties in regard to how the property that comprise the estate of the deceased should be distributed. According to Sections 37 and 38 of the Law of Succession Act, all the children of the deceased are considered equally irrespective of whether they are sons or daughters. Of course, the widow of the deceased has priority when it comes to distribution of the estate of the deceased. However, from the evidence adduced in this case, it was clear that it is the desire of the widow that all her children, including herself should inherit , in equal shares, the property that comprise the estate of the deceased.
5. In the premises therefore, this court revokes the certificate of confirmation of grant issued on 4th November 2021 which specified a mode of distribution that excluded Margaret Njeri, a daughter of the deceased and substitutes it with the following mode of distribution:i)The parcel of land known Plot No. 54 Sinyerere Settlement Scheme shall be distributed equally among the eight beneficiaries of the deceased meaning that each beneficiary shall get 2. 85 acres.The share of Evans Watari – deceased shall be inherited by his wifeEunice Wamboi Maina.ii)The widow, Esther Wangari Thumbi shall inherit the portion of land around her matrimonial home.iii)Eunice Wamboi Maina, the widow of Evans Watari shall inherit the land around the house that her deceased husband had constructed.iv)The roads of access that shall be created when the parcel of land shall be surveyed shall be contributed equally and prorata to the respective shares of each beneficiary.v)There shall be no orders as to costs as this is a succession dispute.
DATED AT KITALE THIS 7TH DAY OF JUNE 2022. L. KIMARUJUDGE