[2024] KEHC 10982 (KLR)

In re Estate of Stephen Kingangi Mubira (Deceased) (Succession Cause 367 of 2019) [2024] KEHC 10982 (KLR) (Family) (19 September 2024) (Ruling)

Neutral citation: [2024] KEHC 10982 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 367 of 2019

HK Chemitei, J

September 19, 2024

IN THE MATTER OF THE ESTATE OF THE LATE STEPHEN KINGANGI MUBIRA (DECEASED)

Ruling

1. The application dated 8th June 2023 is seeking the following orders;(a)That any two administrators of the estate execute the transmission, transfer and bank documents in respect of the following properties and assets to the heirs denoted herein in the partial confirmation of grant dated 2nd June 2021. No. Description of Asset Heir

Muguga Land L.r. No. 4885/174, I.r. No 157441 Jane Wanjiku King’ang’i

Muguga Land L.r. No. 4885/172, I.r. No 157438 Lucy Wambui King’ang’i

Muguga Land L.r. No. 4885/173, I.r. No 157440 Jennifer Mwihaki King’ang’i

Lower Kabete L.r. No. Kabete/kibichiku/2149 Pauline Muthoni King’ang’i

Lower Kabete L.r. No. Kabete/kibichiku/3718 Anne Wanjiru King’ang’i

Lower Kabete L.r. No. Kabete/kibichiku/3719

Lower Kabete L.r. No. Kabete/kibichiku/3720

Lower Kabete L.r. No. Kabete/kibichiku/3721

Lower Kabete L.r. No. Kabete/kibichiku/3722

Lower Kabete L.r. No. Kabete/kibichiku/3723

Lower Kabete L.r. No. Kabete/kibichiku/3724 Priscilla WambuiKing’ang’i

Lower Kabete L.r. No. Kabete/kibichiku/3725

Lower Kabete L.r. No. Kabete/kibichiku/3731

Lower Kabete L.r. No. Kabete/kibichiku/3732

Lower Kabete L.r. No. Kabete/kibichiku/3733

Lower Kabete L.r. No. Kabete/kibichiku/3726 Josephine Njeri John

Lower Kabete L.r. No. Kabete/kibichiku/3727

Lower Kabete L.r. No. Kabete/kibichiku/3728

Lower Kabete L.r. No. Kabete/kibichiku/3729

Lower Kabete L.r. No. Kabete/kibichiku/3730

Lower Kabete L.r. No. Kabete/kibichiku/2147 And Edwin Ngui King’ang’i to hold in Trust for:Elizabeth Njoki King’ang’iEdwin Ngugi King’ang’iVirginia Mugure MuigaiSerah Mwihaki MbuguaEsther Woki MbocaJames Kimani King’ang’iPauline Muthoni King’ang’iPeter Gitungo King’ang’iPriscilla Wangui King’ang’i andAnne Wanjiru King’ang’i

Motor Vehicle Reg. No. KXX70

L.R. No. Ng’ong/ngong/63366 Any Two Administrators To Execute Sale Documents In Respect Of The Properties And Net Proceed Of Sale Be Distributed To All Beneficiaries Of The Estate Equally As Denoted In The Partial Confirmation Of Grant Dated 2Nd June 2021

L.R. No. Ng’ong/ngong/37485

L.R. No. Kijabe/kijabe Blcok 1/14961

Westlands L.r. No. 1870/11/301 Two Administrators To Execute Transfer In Respect Of Transmission Of Properties To Company Duly Formed By The 2Nd Family Wherein They Are All Shareholders And Directors

Nairobi South “c” L.r. No. 209/5048

Wangige Shop Number 2

Eastleigh L.r. No. 36/vii/432 Two Administrators To Execute Transfer In Respect Of Transmission Of Properties To Company Duly Formed By The 1St Family Wherein They Are All Shareholders And Directors

Nairobi West L.r. No. 37/256/5

Parklands L.r. No. 209/91/17 Kshs.15,000,000 Be Held By The Firm Of B.w. Maina And Associates And Kabaiku And Company Advocates Jontly To Cater For Stamp Duty Estimated Cost For Transfer Of The Properties To The 3Rd Families Beneficiaries

Parklands L.r. No. 209/2389/150

Motor Vehicle Registration No. Kay 309f Nicholas Kung’u King’ang’i

Motor Vehicle Registration No. Kah 933g Harrison Ngugi King’ang’i

Motor Vehicle Registration No.kvk 406Motor Vehicle Registration No. Kah 330sMotor Vehicle Registration No.kbt 452mMotor Vehicle Registration No. Kas 699u Elizabeth Njoki King’ang’i

Motor Vehicle Registration No. Kbh 465j Lucy Wambui King’ang’i

Motor Vehicle Registration No. Krt 337 Tractor The Administrators Namely Edward Ngugi King’ang’i, Edwin Ngugi King’ang’i And David Kinyati King’ang’i To Hold In Trust Of All The Sons Of The Deceased.

Safaricom Shares Two Administrators To Execute Sale Documents And Net Proceed Be Distributed To All The Beneficiaries Fo The Estate As Denoted In Partial Confirmaiton Of Grant Dated 2Nd June 2021.

Standard Chartered Bank Shares

Kenya Breweries Shares

Standard Chartered Bank Account Number 0102025260200 – Kshs. 15,145,526/25 Two Administrators To Execute Remittance To All Beneficiaries Equally As Per Partial Confirmation Of Grant Dated 2Nd June 2021

Standard Chartered Bank Account Number 0102025792900 – Kshs.

Standard Chartered Bank Account Number 0152471450700 – Kshs 284,307/45

Standard Chartered Bank Account Number Deal Number 44025260201 Kshs. 60,565,890/43

Stanbic Bank Account Number 0100000093331Saving Account & Fixed Deposit Sh.35,420,460/04 Two Administrators To Execute And RemitA) Kshs.30,000,000 In TheJoint Account Of TheAdvocates M/s H.t. &Associates, ShabanaOsman And Associates,B.w. Maina AndAssociates And KabaikuAnd Company To Hold AsDisbursement Legal CostFor Payment ToAdvocates Of TheDeceased Estate.B) Kshs. 15,000,000 To BeRemitted To B.w. MainaAnd Asscoates AndKabiku And CompanyAdvocates To Hold AsStamp DutyDisbursement To Be PaidFor Transfer OfProperties Lr N0. 209/91/17 And209/2389/150C) Two Administrators To Remit The Ablance Of Funds To All Beneficiaries Equally.

STANBIC BANK ACCOUNT – COMMERCIAL BANKING DEPOSIT ROLLOVER ADVICE MM1522215952 Shs.132,171,365/90(b)That the cost of this application be in the cause.

3. The application is based on the grounds thereof and the sworn joint affidavit of Edward Ngugi Kingangi and Edwin Ngugi Kingangi dated the same date.

4. The gist of the application is that both applicants are administrators of the estate herein representing the 1st and 2nd family respectively. That the grant herein was partially confirmed on 2nd June 2021. To date the same has not been executed because the other administrator from the third house reside outside Kenya and therefore it has been difficult to implement the grant.

5. They went on to state that the issue pending was the distribution of the third families portion and the legal fees demanded from the said house.

6. They therefore deponed that they need to move forward as any delay shall cause some of the assets to be surrendered to the Unclaimed Assets Authority and that the beneficiaries were also aging and needed to enjoy their bequest.

7. Jennifer Mwihaki Kingangi swore a replying affidavit dated 29th June 2023 in which the major issue in my view that she raised was the fact that some of the properties have been changed in their description as contained in the partial confirmation. Those errors should therefore be taken into consideration.

8. She however penned off by praying that the partial confirmation ought to be revoked.

9. I have looked at the application as well as the history of this matter. It is true that the grant was partially confirmed on 2nd of June 2021. To date there is no application to amend the grant or for that matter a revocation. The request by Jennifer for revocation is not only un-procedural and unmerited for it has been raised in a replying affidavit without a formal application.

10. Secondly that request is too late in the day. She has been in the picture all along until the grant was partially confirmed. If there are errors in the description of the properties, then the same does not warrant revocation but simple amendment of the partial grant.

11. The reason that the other administrators reside outside the country was not opposed. This has posed significant challenge in moving forward the partial grant in terms of distribution and transmission of the properties.

12. The court sees no harm in the two available administrators transmitting the same to the beneficiaries as long as it complies with the partial confirmed grant. If there are any errors as pointed out by the respondent, then the same can be corrected by way of rectification of the grant.

13. In the premises and since none of the parties stand to suffer loss the application dated 8th June 2023 is hereby allowed as prayed with no order as to costs.

DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 19TH DAY OF SEPTEMBER 2024. H K CHEMITEIJUDGE