In the Estate of GIKONYO THUMBI

Vide Summons for confirmation dated 11^th December 2024, the 1^st Administrator ROSEMARY WAMBUI NYAGENYE seeks the following orders

1. 1. Spent
   2. THAT the grant of letters of Administration made to ROSEMARY WAMBUI NYANGENYE & MERCY WANGARI KARIUKI on the 8^th December 2023 be confirmed.
   3. THAT costs of this application be in the cause.
2. The Application is supported by her affidavit sworn on even date in which she proposes that the properties be distributed as per schedule below-

1. The 2^nd Administrator has filed affidavit of protest and proposes that the Estate of the deceased be distributed as hereunder

1. The protestor contends that Property known as Kayole Riverside South Plot No. K4 does not comprise part of the estate of the deceased as the property was previously registered in their joint names and upon his death it was vested in her solely by operation of law.
2. Both parties filed their respective submissions in which they recited the averments in their respective affidavits.
3. The relevant provisions are Sections 34 to 42 of the Law of Succession Act. The first issue for determination is who the beneficiaries of the estate. It is not in dispute that it is both the Administrators and the two children of the 2^nd Administrator, one of whom is a minor.
4. The next issue is what are the assets of the estate of the deceased. The 2^nd Administrator submits that Kayole Riverside South Plot No. K4 does not comprise the estate of the deceased as the same was registered in their joint names and devolved to her by operation of law upon the death of the deceased. This is not challenged by the 1^st Administrator. Accordingly, I find that the asset is not part of the estate of the deceased.
5. The 2^nd Administrator submits that Kantafu Plot No. 1488 comprises part of the estate and has submitted a letter confirming the same. The 1^st Administrator has not controverted this.
6. The two proposals are somewhat aligned to the extent that provision is made for each of the identified beneficiaries. This has eased the work of the Court. In an estate such as this the Court is concerned to ensure that the surviving widows are not at risk of being rendered destitute and the estate is preserved for the benefit of the Children. With this in mind I make the following order as regards the distribution of the estate

1. The grant issued on 8^th December 2023 is confirmed, the mode of Distribution shall be as per schedule in paragraph 9 above. The Administrators shall finalise transmission of the estate within 60 days. Mention on 27^th November 2024 to confirm compliance.
2. This being a family matter there shall be no order as to costs.

It is so ordered

SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 18th  of October, 2024.