[2014] KEHC 8411 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

SUCCESSION CAUSE NO. 1189 OF 1997

IN THE MATTER OF THE ESTATE OF

MINEH MUKUHI KANGETHE (DECEASED)

WANJIKU KIHIKA ………………………………..APPLICANT

RULING

1. On 2nd May 2014 the applicant WANJIKU KIHIKA filed this application dated 26th April 2014 seeking that the name of the deceased MINEH MUKUHI KANGETHE be substituted with that of the deceased KIHIKA KANGETHE so that the deceased KIHIKA KANGETHE be the one whose estate this matter relates. After that, a fresh grant of letters of administration be issued concerning the estate of KIHIKA KANGETHE. Lastly, that the distribution of the estate as per the Amended Certificate of Confirmation of Grant issued on 27th November 2013 do remain intact except for the substitution of MINEH MUKUHI KANGETHE (deceased) with KIHIKA KANGETHE (deceased) of the person whose estate the matter relates.

2. The application was opposed by KARIUKI KANGETHE who filed an affidavit on 21st July 2014.

3. This cause was filed on 11th June 1997 regarding the estate of MUNEH MUKUHI KANGETHE by JAMES WAWERU KANGETHE. A grant was issued on 23rd September 1997. On 14th October 1999 the applicant filed summons for revocation or annulment of the grant. A certificate of confirmation of grant was issued on 11th December 1999. On 15th January 2002 the certificate was, by consent, ordered to be rectified and land parcel LR. No. LIMURU/BIBIRIONI/1675 distributed as follows:-

(a) JAMES WAWERU KANGETHE one acre;

(b) STEPHEN NJOROGE KANGETHE one acre;

(c) KARIUKI KANGETHE one acre;

(d) JAMES WAWERU KANGETHE 0. 375 acres to hold in trust for himself and STEPHEN NJOROGE KANGETHE and KARIUKI KANGETHE; and

(e) MBURU KIHIKO AND WANJIKU KIHIKA to get 1. 125 acres to hold in trust for themselves and KANGETHE KIHIKA and MUNGAI KIHIKA, NGUGI KIHIKA and KARIUKI KIHIKA and KARANJA KIHIKA in equal shares.

4. On 8th November 2005 the applicant applied to have the consent order reviewed and/or set aside on the basis that the order was recorded without her knowledge and/or instructions. On 21st September 2013 the applicant filed an application dated 20th September 2012 seeking to appoint her as the administrator of the estate in place of the grantee JAMES WAWERU KANGETHE who was said to have died on 7th April 2010. The application was allowed on 21st November 2012. On 31st December 2013 the applicant filed an application seeking to have rectified the certificate of confirmation of grant issued on 15th January 2002 to have her registered in regard of LR NO. LIMURU/BIBIRIONI/1675 to hold in trust for JACKSON MBURU, ESTHER MUKUHI KIHIKA, ELIZABETH NJERI KIHIKA, NAOMI WAIRIMU KIHIKA, GRACE GATHONI KIHIKA, JOSEPH KANGETHE KIHIKA, JAMES KARANJA KIHIKA, WALLACE KARIUKI KIHIKA, MUNGAI KIHIKA and LUCY WAIRIMU KIHIKA in equal shares. It was allowed on 13th June 2013. On 26th November 2013 the applicant applied to have the grant issued on 13th June 2013 be rectified by substituting L.R. NO. LIMURU/BIBIRIONI 1675 with L.R. NO. LIMURU/BIBIRIONI/3210, 3211, 3212, 3213 and 3214. The application was allowed on 27th November 2013. On 2nd May 2014 the present application was filed.

5. Throughout this cause, the deceased was MUNEH MUKUHI KANGETHE whose estate was to be inherited. The applicant cannot now seek to have the name of the deceased changed to that of KIHIKA KANGETHE. If she wants to inherit the estate of KIHIKA KANGETHE then she has to file a separate Cause. It would also appear that the application to review and/or set aside the consent grant and confirmation made on 15th January 2002 has not been disposed of.

6. In short, the present application is misconceived as one Succession Cause cannot be filed or maintained in respect of two deceased persons. I dismiss the application with costs.

DATED and DELIVERED at NAIROBI this 1st October, 2014.

A.O. MUCHELULE

JUDGE