In re Estate of Boniface Kariuki Murage (Deceased) (Probate & Administration 12 of 2025) [2025] KEHC 18554 (KLR) (17 December 2025) (Ruling)

In re Estate of Boniface Kariuki Murage (Deceased) (Probate & Administration 12 of 2025) [2025] KEHC 18554 (KLR) (17 December 2025) (Ruling)

The objectors failed to prove unfair distribution. The will did not distribute the entire estate, and the undistributed portion is to be dealt with as intestate property. Anthony Gachara Kariuki cannot be presumed dead without a court declaration, so he is entitled to a share. The administrators' proposed distribution is confirmed.

Citation
[2025] KEHC 18554 (KLR)
Parties
1st Administrator/respondent: George Macharia Kariuki; 2nd Administrator/respondent: Simon Wangari Kariuki; 1st Objector: Joseph Kamuhu Kariuki; 2nd Objector: John Theuri Kariuki; 3rd Objector: Teresiah Muringi Kariuki
Court
High Court
Jurisdiction
Kenya
Judgment Date
17 December 2025
Case Number
Probate & Administration 12 of 2025
Procedural Posture
Probate & Administration / Ruling on Objection to Confirmation of Grant
Outcome
Objection dismissed; grant confirmed as proposed by administrators.
Legal Topics
Testate Succession, Partial Intestacy, Distribution of Estate, Presumption of Death, Family Disputes in Succession
Source Language
English
Succession Law Testate Succession Partial Intestacy Distribution of Estate Presumption of Death Family Disputes in Succession

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Parties

George Macharia Kariuki

1st Administrator/respondent

Simon Wangari Kariuki

2nd Administrator/respondent

Joseph Kamuhu Kariuki

1st Objector

John Theuri Kariuki

2nd Objector

Teresiah Muringi Kariuki

3rd Objector

Procedural Posture

Probate & Administration / Ruling on Objection to Confirmation of Grant

Legal Issues

  1. 1 Whether the deceased distributed the entire parcel of land Nyandarua/Simbara/1054 in his will
  2. 2 Whether Anthony Gachara Kariuki, who disappeared in 2008, is entitled to a share of the undistributed estate
  3. 3 Whether land parcel Nyandarua/Simbara/1007 has been allocated against the wishes of the deceased

Ratio Decidendi

The objectors failed to prove unfair distribution. The will did not distribute the entire estate, and the undistributed portion is to be dealt with as intestate property. Anthony Gachara Kariuki cannot be presumed dead without a court declaration, so he is entitled to a share. The administrators' proposed distribution is confirmed.

Court Disposition

Objection dismissed; grant confirmed as proposed by administrators.

Orders

  • Administrators to distribute the estate and render accounts within 60 days as per section 83(g) of the Law of Succession Act.
  • Each party to bear its own costs.