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JudgmentIn the Estate of JASON NJOROGE3 min read

In the Estate of JASON NJOROGE

High Court at Bungoma High Court · · Rose Ougo

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT BUNGOMA

SUCCESSION CAUSE NO.E014 OF 2024

IN THE ESTATE OF JASON  NJOROGE ( DECEASED)

ANASTANCIA MWERU NJOROGE………………....1ST PETITIONER

CATHERINE NYAMBURA NJOROGE………..……2ND PETITIONER

JANE WANJIKU NJOROGE……………………….….3RD PETITIONER

VERSUS

GODFREY WAINAINA  NJOROGE…………..…..…1ST PROTESTOR

JOHN KAMAU NJOROGE……………………...……2ND PROTESTOR

JOYCE NDUTA NJOROGE……………………….….3RD PROTESTOR

RULING

  1. The 1st petitioner has filed a motion dated 22nd November 2024 brought under Sections 49,59 and 73 of the Probate and Administration Rule. She seeks the following orders;
  2. The Honourable Court be pleased to issue an order for the valuation of all properties of the deceased herein.
  3. That upon issuance of prayer 1, the court be pleased to appoint a valuer to undertake the process in the event that the parties are not agreeable on one.
  4. The costs of the application be provided for.
  5. In her supporting affidavit she depones that she is the widow of the deceased and a personal representative of the estate of the deceased Jason Njoroge Mwaura  together the other two other administrators. She avers that the deceased left behind the following properties;
  6. E. Bukusu/ S. Kanduyi/ 3656
  7. E. Bukusu/ S Kanduyi/438
  8. Bungoma Township/ 230
  9. E. Bukusu / S. Kanduyi/ 3457
  10. E. Bukusu/ S. Kanduyi/3731
  11. E. Bukusu /S. Kanduyi/ 6039
  12. Nyandarua/ Oljororok salient/ 5046- joint ownership with Anastacia Mweru Njoroge
  13. Nyandura/ Oljororok salient/20876- joint ownership with Anastacia Mweru Njoroge
  14. Motor Vehicle Registration No. KBG 460K
  15. Shares at Standard Chartered Bank, KenGen pic, KCB Bank and Safaricom.  
  16. The 1st petitioner claims that the 3rd petitioner without her knowledge secretly did a valuation on land parcel number Bungoma- Township / 230 which is her matrimonial property. it would be fair if valuation is done on all properties that were left behind by the deceased. The valuation will facilitate the equal and fair distribution of the estate of the deceased. The only properties that do not need valuation are properties that are jointly owned since she has the right to survivorship and upon the demise of her husband, the same automatically passed to her. Her request is that parcel number;3656,438,230,3457,3731,6039 and the motor vehicle be valued.
  17. The application was opposed by the 3rd petitioner  . The 3rd petitioner filed a replying affidavit dated 6.12.2024. Her reasons for opposing the application are plot number 230 belonged to her mother the late Christine Wambui Njoroge and was acquired before the 1st petitioner married her late father. They are not claiming the property in Nyandarua/ Oljororok salient/ 20876 and 5046. The same rule should apply to parcel number 230. She is opposed to the valuation on parcel number 438  as it is a plot that was bought and developed by her parents.
  18. Mr Waswa for the 2nd petitioner had no objection to the application.
  19. I have considered the rival affidavits and oral submissions. There is no dispute that the properties mentioned by the 1st and 3rd petitioners are properties forming part of the deceased’s estate. The applicant's main reason is that she desires the valuation to be done to obtain full disclosure of the properties left behind by the deceased and the total value of the estate. The 3rd petitioner's objection is on two properties, which, in her view, belonged to her parents. The valuation of properties is usually done to determine their value. The said valuation can help a court to determine the value of the properties and equitable or fair distribution of the deceased’s estate. The properties to be valued are as indicated below;

a) E. Bukusu/ S. Kanduyi/ 3656

b) E. Bukusu/ S Kanduyi/438

c) Bungoma Township/ 230

d) E. Bukusu / S. Kanduyi/ 3457

e) E. Bukusu/ S. Kanduyi/3731

f) E. Bukusu /S. Kanduyi/ 6039

g) Nyandura/ Oljororok salient/ 5046- joint ownership with Anastacia Mweru Njoroge

h) Nyandura/ Oljororok salient/20876- joint ownership with Anastacia Mweru Njoroge

i) Motor Vehicle Registration No. KBG 460K

j) Shares at Standard Chartered Bank, KenGen pic, KCB Bank and Safaricom.  

7.  I do not think that any of the parties will suffer any prejudice. The parties are at liberty to agree on a valuer within the next 7 days. If they do not agree, then the 1st petitioner shall bear the valuation costs and recover the same from the estate of the deceased at the time of confirmation of the grant. No order as to costs.

Dated, signed and delivered  at Bungoma this 14th day of May 2025.

R. E. OUGO

JUDGE

In the presence of:

Miss Natwati           For the 1st Petitioner

2nd & 3rd Petitioner  -   Absent

Wilkister                   - C/A   

    In the Estate of JASON NJOROGE In the Estate of JASON NJOROGE