[2016] KEHC 4356 (KLR)

[2016] KEHC 4356 (KLR)

The court found that the evidence presented by the protestors did not satisfy the legal requirements for a valid oral will under Section 9(1) of the Law of Succession Act, as there was no proof that the alleged oral instructions were made before two or more competent witnesses or that the deceased died within three...

Source-derived case information.

Citation
[2016] KEHC 4356 (KLR)
Parties
Applicant: Naomi Wangechi Munene; Respondent: Joseph Ndiritu Gitonga; Respondent: Dorcas Wanjiru Gitonga
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
11 July 2016
Case Number
Cause 374 of 2011
Procedural Posture
Succession Cause / Judgment
Outcome
Protests dismissed; petitioner's mode of distribution allowed; estate to be distributed equally among all children.
Legal Topics
Intestate Succession, Distribution of Estate, Gender Equality Inheritance, Oral Wills, Gifts Inter Vivos, Burden of Proof
Source Language
english
Family and Children Intestate Succession Distribution of Estate Gender Equality Inheritance Oral Wills Gifts Inter Vivos Burden of Proof

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Parties

Naomi Wangechi Munene

Applicant

Joseph Ndiritu Gitonga

Respondent

Dorcas Wanjiru Gitonga

Respondent

Procedural Posture

Succession Cause / Judgment

Legal Issues

  1. 1 Whether the deceased made a valid oral will as alleged by the protestors.
  2. 2 Whether the deceased distributed his property during his lifetime (gifts inter vivos).
  3. 3 Whether the proposed mode of distribution by the protestors is discriminatory against female beneficiaries.

Ratio Decidendi

The court found that the evidence presented by the protestors did not satisfy the legal requirements for a valid oral will under Section 9(1) of the Law of Succession Act, as there was no proof that the alleged oral instructions were made before two or more competent witnesses or that the deceased died within three months of making such instructions. The memorandum of understanding relied upon by the second protestor was introduced late, its authenticity was questionable, and no independent evidence was provided to support its validity. There was also insufficient evidence to establish that the deceased made gifts inter vivos to any of the beneficiaries. The court held that the Law of...

Court Disposition

Protests dismissed; petitioner's mode of distribution allowed; estate to be distributed equally among all children.

Orders

  • Thegenge/Kianjogu/375 to be subdivided into six equal portions among Dorcas Wanjiru Gitonga, Angelica Wairimu Muhuhu, Charity Kagure Njoroge, Naomi Wangechi Mwenda, Catherine Wakarima Mwenda, and Joseph Ndiritu Gitonga.
  • Thengenge/Kianjogu/113 to be inherited by Dorcas Wanjiru Gitonga absolutely.