[2009] KEHC 2087 (KLR)
The court found that the Law of Succession Act expressly provides for equal treatment of all children of a deceased person, regardless of gender or marital status. The protestors' argument that their sisters should be excluded from inheritance because they are married is contrary to both statutory law and...
Source-derived case information.
- Citation
- [2009] KEHC 2087 (KLR)
- Parties
- Applicant: Ruth Waithera Njeru; Respondent: Isaac Mbogo Njeru; Respondent: Nicholas Namu Ireri; Respondent: Nelson Muriithi Njeru
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 91 of 2008
- Procedural Posture
- Succession Cause / Ruling on Protest to Confirmation of Grant
- Outcome
- protest dismissed with costs to the applicant
- Legal Topics
- Succession, Inheritance Rights, Gender Equality in Inheritance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ruth Waithera Njeru
Applicant
Isaac Mbogo Njeru
Respondent
Nicholas Namu Ireri
Respondent
Nelson Muriithi Njeru
Respondent
Procedural Posture
Succession Cause / Ruling on Protest to Confirmation of Grant
Legal Issues
- 1 Whether daughters of the deceased are entitled to inherit their late father's property under the Law of Succession Act.
- 2 Whether the protestors have valid grounds to exclude their sisters from inheritance on the basis of marriage.
Ratio Decidendi
The court found that the Law of Succession Act expressly provides for equal treatment of all children of a deceased person, regardless of gender or marital status. The protestors' argument that their sisters should be excluded from inheritance because they are married is contrary to both statutory law and established judicial precedent. The court emphasized that the daughters are rightful heirs and that the protestors' attempt to exclude them is baseless and motivated by greed. The protest was therefore dismissed as lacking merit.
Court Disposition
protest dismissed with costs to the applicant
Orders
- The protest is dismissed.
- Costs awarded to the applicant.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
SUCCESSION CAUSE 91 OF 2008
IN THE MATTER OF THE ESTATE OF ALVAN NJERU RUGANO..DSD
RUTH WAITHERA NJERU…………………………………………..APPLICANT
VERSUS
ISAAC MBOGO NJERU………………………………………..1ST PROTESTOR
NICHOLAS NAMU IRERI…………………………………….2ND PROTESTOR
NELSON MURIITHI NJERU………………………………….3RD PROTESTOR
RULING
The petitioner herein was issued the grant of letters of administration to the estate of her late husband one Alvan Njeru Rugano on 22/1/2007. She filed an application for confirmation of the grant but the 3 protestors who are her sons filed an affidavit of protest dated 11/12/2007. Their only problem is that they do not want their sisters to inherit their late father’s property. In paragraph 7 of their affidavit of protest, they have deponed that the said sisters are married and are living with their husbands. Their mother has nonetheless included them as dependants and has given them parcel No. GATURI/WERU/5580 which they have all shared. The schedule shows that all the 3 protestors have been given their own individual Titles. They have no basis of denying their sisters their rightful inheritance. They too are children of the deceased. The law of Succession Act does not discriminate between sons and daughters of a deceased. It ‘refers’ to children of the deceased
The Court of Appeal has endorsed the provisions of Section 40 of the Law of Succession Act and held that daughters are also entitled to share their deceased’s parent’s property. The protestors herein have no justifiable grounds to lodge a protest. They are just being greedy and want to deny their sisters what is lawfully theirs. Their protest totally lacks merit. I therefore dismiss the same with costs to the petitioner.
W. KARANJA
JUDGE
Delivered, signed and dated at Embu this 2nd day of June 2009.
In presence of:-Mr. Ithiga for applicant present, protestors present in person.