[2011] KEHC 157 (KLR)
The court held that Section 29(a) of the Law of Succession Act does not discriminate between male and female children or between married and unmarried daughters. All children of the deceased are entitled to inherit from their father's estate, regardless of marital status. The respondent's argument that marriage...
Source-derived case information.
- Citation
- [2011] KEHC 157 (KLR)
- Parties
- Applicant: Christopher Ruringe Kibue; Applicant: Veronicah Njeri Kibue; Respondent: Alice Nyakarura Kibue
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 611 of 1995
- Procedural Posture
- Succession Cause / Ruling on Application to Include Married Daughter as Beneficiary
- Outcome
- application allowed
- Judges
- CM Njagi
- Legal Topics
- Succession, Inheritance Rights, Distribution of Estate, Status of Married Daughters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Ruringe Kibue
Applicant
Veronicah Njeri Kibue
Applicant
Alice Nyakarura Kibue
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Include Married Daughter as Beneficiary
Legal Issues
- 1 Whether a married daughter is entitled to be included as a beneficiary of her deceased father's estate under Kenyan succession law.
- 2 Whether Section 29(a) of the Law of Succession Act discriminates between male and female children or between married and unmarried daughters.
Ratio Decidendi
The court held that Section 29(a) of the Law of Succession Act does not discriminate between male and female children or between married and unmarried daughters. All children of the deceased are entitled to inherit from their father's estate, regardless of marital status. The respondent's argument that marriage disqualifies a daughter from inheritance is not supported by the law. Since the estate had not yet been distributed, it was not too late to include Veronicah Njeri Kibue as a beneficiary. The court found that it was her birthright to inherit her share of her father's estate, and the law grants her that right. Accordingly, the application to include her name as a beneficiary was...
Court Disposition
application allowed
Orders
- Ms. Veronicah Njeri Kibue's name shall be included on the list of beneficiaries of the estate of the late Joseph Kibue Kangari.
- Costs in the cause.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO 611 OF 1995
IN THE MATTER OF THE ESTATE OF KIBUE KANGARI (DECEASED)
RULING
The feuding parties in this matter, Chris Ruringe Kibue, Veronicah Njeri Kibue and Alice Nyakarura Kibue are siblings – a brother and his two sisters. The brother, Christopher Ruringe Kibue, is the Administrator of the estate of their deceased father and the first applicant herein. Veronicah Njeri Kibue is the co-applicant and she is married. The two applicants have come to court to seek an order for Veronicah’s name to be included in the list of beneficiaries of the estate of their late father.
The 1st applicant told the court that the law provides for all offspring to inherit their father’s property if he dies intestate. He urged the court to review the earlier order made in this matter so that the 2nd applicant can inherit part of her father’s estate. In support of her brother’s statement, the second applicant herself told the court that she only needed a place where she could cultivate to get food for feeding her children like the other beneficiaries.
Opposing the application, the respondent, Alice Nyakarura Kibue, requested court to do away with this application because the 2nd applicant was married. She argued that her sister Veronicah had applied for sub-division on account of being a beneficiary, yet she had sat on her rights for all those years while she was alive to what was going on. In a short reply, the 1st applicant argued that Alice had not put up a substantive ground for disinheriting her own sister. She also had been married at one time.
I agree with the 1st Applicant’s sentiments. The Respondent’s ground for disinheriting her sister is that the latter is married. However, the relevant part of Section 29(a) of the Law of Succession Act comes to the 2nd Applicant’s aid. It states that-
“For the purposes of this Part, “dependant” means –
(a)the wife or wives, or former wife or wives, and the children of the deceased whether or not maintained by the deceased immediately prior to his death;“
It is noteworthy that this section does not discriminate between male and female children, or married and unmarried daughters. All are equal before the eyes of the Law of Succession, and if Parliament had a different intention, it would have said so. It is therefore immaterial that the second applicant is married. Secondly, in the circumstances of this case, since the estate of the deceased has not yet been distributed, I find that it is not too late to accommodate the 2nd Applicant to claim her rightful dues. It is her birthright to inherit her share of her father’s estate. The law grants it, and the court should award it.
For the above reasons, I accordingly allow the application and order that Ms. Veronicah Njeri Kabue’s name be included on the list of beneficiaries of the estate of her late father, Joseph Kibue Kangari.
Orders accordingly.
Costs in the cause.
DATED and DELIVERED at Nairobi this 8th day of December, 2011
L. NJAGI
JUDGE