RULING
- The Applicant filed Summons for Rectification of Grant. There is no consent. The summons are not accompanied by the consent of all other beneficiaries. I note that the application is a disguised redistribution. It is not lost on the Court that the administrator was 76 years in 2011. She is now over 90 years old.
- I therefore direct that the application dated 17.2.2025 be and is hereby dismissed. However, I make the following rectifications in view of the admission that Robert Muturi Munyi is now deceased.
- I revoke the grant to Ruth Nyambura Munyi, who has not completed administration over 10 years after the issuance of grant.
- I appoint the following as administrators.
- Mary Wangui Munyi
- Grace Muthoni Munyi
- Monica Wangui Munyi
- Martha Wairimu Munyi
- The parcel for Robert Muturi Munyi shall be registered in the names of the estate of the late Robert Muturi Munyi (deceased).
- There is an error in that the land given to Ruth Nyambura Munyi is not indicated to be a life interest. In order to facilitate smooth transition, the 8.26 for Ruth Nyambura Munyi shall be shared (after adjusting those with ½ acre to 1 acre) equally among all the beneficiaries. She shall have a life interest on the said 8.26 acres in Narumoru/Narumoru (Kieni East) Block 1/290.
- Land Parcel No. Narumoru/Narumoru (Kieni East) Block 1/363, Block 1/666 and Kirimukuyu/Mutathiini/260 is not yet transferred – shall be shared equally by each of the beneficiaries. Ruth Nyambura Munyi shall have a life interest.
- The new administrators to file the formal closure of the file after transmitting the estate by 26/9/2025.
- The file is closed.
DELIVERED, DATED, and SIGNED at NYERI on this 27th day of March, 2025. Ruling delivered ex-tempore in open court.
In the presence of: -
Ms. Macharia for the Petitioner
Court Assistant – Michael