1. By an application dated 18 th April, 2024, the Applicant seeks extension of time to file an Objection and Answer to the Petition and Cross-Petition, and, that the Objection and Answer to the Cross-Petition be deemed as duly filed.
2. The substratum of the application is that the Applicant is a beneficiary of the Estate of the deceased and is seeking to protect the interest of the minor who is a beneficiary of the Estate.
3. That the Applicant who is a pauper living from hand to mouth did not have enough funds to instruct counsel in good time as she was depending on the deceased for livelihood and sustenance hence was not able to file the application in good time. And, when she was able to instruct counsel, he could not act as expected because the file was transferred to Nyandarua around September, 2023, and parties in succession matters were not able to file documents.
4. Further, that it is the interest of justice and in the interest of the child that the court determines the issue.
5. The application is supported by an affidavit deposed by Judith Itata, the Applicant, who depones that the deceased died Intestate on the 19/09/2019. That she makes the application on her behalf and as a dependent of the deceased who was the father of her husband James Nderitu Waihenya with whom she had a child at the time of his demise. That as a Widow she depended on the deceased and his late wife for survival as their daughter in-law.
6. That the instant cause was gazetted on 16 th June, 2023, and she filed an Objection on 14 th June, 2023, and Answer to the Petition and Cross-Petition on 8 th March, 2024 which was filed out of time because she was constrained financially. That the primary Petitioner, Nicholas Ngure has been harassing her endlessly and denying her the opportunity to farm so as to earn a living rendering her destitute. That her primary concern is the protection of the interest of the Minor who is a beneficiary of the Estate that the Petitioners are attempting to disinherit.
7. And, the application has been brought timeously and in good faith.
8. In a response to the application dated 18/04/2024 the 1 st Respondent Nicholas Ngure deposed an affidavit where he averred that the Applicant has demonstrated financial ability by instructing counsel and demonstrated her net worth by alleging in a related matter that her net worth is 10,000,000/-. That the purported marriage to James Nderitu Waihenya is disputed as well as the allegation that she is the representative of the Estate of James Waihenya Nderitu and her identity is not determined.
9. The argument that she is a dependant of the deceased is dismissed. That the deadline of filing the Objection was 30 days after gazettement which fell on 16 th July, 2023 long before the file was transferred to Olkalou on 18 th September, 2023, and the fact of a replying affidavit having been filed showed no logistical challenges having been encountered.
10. That it is not true that interest involving the child will not be compromised if the extension is not granted. That the order sought will delay administration of justice; and, the Estate shall be distributed in strict compliance with the law.
11. Subsequently, before directions were given on the application dated 18 th September, 2024, the same Applicant filed a Notice of Motion dated 18 th October, 2024, seeking orders thus;
1) The confirmed grant of Letters of Administration made to Nicholas Ngure Nderitu, Catherine Wangui Gichungu and Edith Nyokabi Kigamba on the 16 th July, 2023, be revoked.
12. The application is premised on grounds that;
1) That the Applicant is the wife of the late James Waihenya Nderitu, the deceased’s son and thus a beneficiary of the Estate together with her son who is grandson to the deceased.
2) That the Respondents while aware of the said fact, proceeded to file and obtain a confirmed grant as the sole Administrators to the exclusion of the 1 st Applicant.
3) That the Respondents in an elaborate scheme to disinherit the Applicant and her son, have made a list of properties and named all manner of strangers as beneficial owners of the property who are listed as liabilities of the estate.
4) That a cursory look at the list of liabilities is enough to convince anyone of this elaborate scheme. The Respondents have named a total of 13 strangers as purported buyers of the properties of the deceased and who are not known in an attempt to mislead the court and in efforts to fraudulently disinherit the Applicant and her son.
5) That unless this application is heard urgently and orders issued, the Respondents might proceed to sell the entire suit property resultantly benefiting strangers and not the intended beneficiaries thus disinheriting the Applicant and her son and consequently rendering the summons for revocation an academic exercise.
13. In support of the application, the Applicant avers that at the time of his demise, the deceased, Fredrick Rukwaro was survived by James Waihenya Nderitu (now deceased) and the 1 st Respondent (Nicholas Ngure Nderitu). And, at the time of James’ demise, he was survived by a wife (Applicant) and a son who were sole beneficiaries of the Estate.
14. That the grant of Letters of Administration Intestate issued to the Respondents was obtained fraudulently under false statements and concealment of material information from the court.
15. That summons for confirmation of grant dated 12 th July, 2024, is an elaborate scheme by the Respondents to disinherit the Applicant and her son as they made a list of properties and named all manner of strangers, being thirteen (13) in number as beneficial owners of the property who are listed as liabilities of the Estate.
16. That the following strangers have been listed as purported buyers of properties namely;
a) NYANDARUA/NYAHURURU MUNICIPALITY BLOCK 8/230
i) David Ndirangu Kariuki - Plots A & B
ii) Paul Kariuki Ndegwa - Plot C
iii) John Muhota Mwangi - Plots D & E
iv) Anthony Waithima - Plot F
v) Serah Wanjeri Njuki - Plot G
vi) George Gikonyo & Nancy Njeri Njenga – Plots J & K
b) NYERI/NGARENARO/439
i) Peter Gatune Kamunya - 10 Acres
ii) Fredrick Ndiritu Wangeci/Leah Wangeci Ndiritu 21053645/5490423- 3 Acres
iii) Marmanet/North Rumuruti Block 2/5739 Joel Ndung’u Nderitu – 50 x 100
c) PLOT 72 GWA KUNG’U
i) Dedan Ndirangu Nderitu
ii) Wilberforce Kamau Ndung’u & Ann Wangeci Mwangi
iii) John Wachira Gitau
iv) James Muriithi Waweru
17. That no supporting documents have been adduced to support the claim of the various creditors, no sale agreement and no proof of payment or any evidence have been put forth to support the claim.
18. That at the time of his death, the deceased did not have any liabilities. That the other Respondents are nieces to the deceased who are unknown to the Applicant and do not rank in priority under the Law of Succession.
19. That the consent of parties/siblings of the beneficiaries who rank in priority has not been sought hence making their appointment inadmissible, a nullity and untenable in law. Therefore, the actions of Administrators having demonstrated lack of good faith they should not be allowed to continue with the administration of the Estate.
20. The Respondents filed grounds of opposition on the ground that the application dated 4 th August, 2023 should be prioritized on the question of identity of the Applicant, an application that has since been determined; that there has been violation of the subjudice rule – Section 6 of the Civil Procedure Act; That the issue of estoppel prevents redundant re-litigation of identical issues; and, that there is improper use of urgency procedures; in that Rule 73 of the Probate and Administration Rules grants courts discretion to issue necessary orders to prevent abuse of process.
21. This is a matter where there are multiple applications filed by the parties. Courts abhor filing of multiple applications which not only subverts the administration of justice but evidently turn out to be prejudicial. It is a matter of gambling. Trying to obtain a favourable order by all means. This is an abuse of the court process by adopting litigation gambling. This must be discouraged as it undermines the course of justice.
22. In the application dated 18 th April, 2024, the Applicant seeks extension of time to file an objection and answer to petition.
23. The background of the matter is that Fredrick Rukwaro Nderitu died Intestate on 19 th September, 2017. As at November, 2020 his surviving son Nicholas Ngure had not petitioned for letters of administration in respect of his Estate, therefore Judith Itata Waihenya who referred to herself as a daughter in-law cited Nicholas Ngure Nderitu to extract Letters of Administration of the Estate and in default the same could be granted to her as she considered herself a wife of his brother who predeceased his parents and they had a minor son.
24. Her action triggered the filing of Letters of Administration by Nicholas who disregarded her and brought in two (2) of his cousins Catherine Wambui Gichungu and Edith Nyokabi Kigamba as his Co-Administrators of the estate.
25. In a letter authored by Anne W. Mutahi Chief, Leshau Location attached to the petition for Letters of Administration Intestate filed by Nicholas, Catherine and Edith, it is stated that;
“…..The above named deceased hailed from within my area of Jurisdiction of Karagoini sub location, Leshau Location of Nyandarua North Sub County. This is to inform you that he died on 19 th September 2017 as per death certificate entry No 0301701354 at the age of 67 years old.
……The eldest son James Waihenya Ndiritu (deceased) was survived by his son N. F. W. (minor) who was born in Komolo village, Mella Parish, Tororo district in the Republic of Uganda as per birth certificate registration No. 19000036N3039 to James Waihenya Nderitu and one Itata Judith Emuria of Ugandan Nationality ….
…The deceased died without a will and the family held a meeting on 7 th January 2023. They confirmed the following to be the beneficiaries of the deceased’s estate; Nicholas Ngure Nderitu (son) and N. F. W. – grandson (minor) -7 years.
They also confirmed the following to be the administrators of the deceased’s estate; Nicholas Ngure Nderitu -ID No 22255770, Catherine Wangui Gichungu ID No 10709619, and Edith Nyokabi Kigamba ID No 9813297. Attached find copies for ease of reference and the list of interested parties”.
26. It is acknowledged that the minor was born of James Waihenya Nderitu (deceased) and Itata Judith Emuria.
27. Further, beneficiaries are indicated as;
- Nicholas Ngure Nderitu – son
- F.N.W – grandson 7 years old
And further, Nicholas, Catherine and Edith were to be Administrators.
28. Assets and liabilities of the deceased are listed thus;
ASSETS
1) NYERI NGARENARO/439
2) NYANDARUA/LESHAU KARAGOINI BLOCK 2 (KAHEMBE)/134
3) NYANDARUA/KARAGOINI/550
4) NYANDARUA/KARAGOINI/551
5) MARMANET/NORTH RUMURUTI BLOCK 2/5735
6) MARMANET/NORTH RUMURUTI BLOCK 2/5737
7) MARMANET/NORTH RUMURUTI BLOCK 2/5738
8) MARMANET/NORTH RUMURUTI BLOCK 2/5739 (NDURUMO)
9) NYANDARUA/NYAHURURU MUNICIPALITY BLOCK 8/230
10) PLOT 72 GWA KUNG’U
11) MANGUO TUMAINI SERIAL NO. 077
12) MACHAMUKA FARMERS CO. LTD CERTIFICATE NO. 252
13) WIUMIRIRIE FARMERS CO-OPERATIVE LTD MEMBER NO. 252 OSIRUA FARM NO. 4
14) NDATHI MUGUNDA 55/76 REG. NO. 68497 PLOT NO. 31
15) SMEP CERTIFICATE 12404 A/C 75244
16) NYALA SACCO CERTIFICATE NO. 02419 MEMBER NO. 07894
LIABILITIES
1) NYERI NGARENARO/439
a) Peter Gatune Kamunya - ID 2231687 (10 Acres)
b) Leah Wangeci Ndiritu - ID 5490423 ( 3 Acres)
2) MARMANET NORTH/RUMURUTI BLOCK 2/5739 (NDURUMO)
a) Joel Ndungu Nderitu - 1 Plot 50 x 100
3) NYANDARUA/KARAGOINI/551 – Charge to Equity Bank Ltd/ Gifted to Nicholas & Clemence Ngure on their wedding day
4) NYANDARUA/NYAHURURU MUNICIPALITY BLOCK 8/230
a) David Ndirangu Kariuki - ID 1126634 (B)
b) Paul Kariuki Ndegwa - ID 13134066 (C)
c) John Muhota Mwangi - ID 11267893 (D)
d) Serah Wanjeri Njuki - ID 23094652 (G)
e) George Gikonyo ID 1121293 & Nanny Njeri Njenga ID 8207601 (J & K)
f) Nicholas Ngure - ID 22255770
g) Anthony Waithima - ID 25841987 (F)
5) PLOT 72 GWA KUNG’U
a) Dedan Ndirangu Nderitu - ID 25731022
b) Wilberforce Kamau Ndung’u - ID 12487673 & Ann Wangeci Mwangi – ID 20401426
c) Joseph Wachira Gitau - ID 7029434
d) James Muriithi Waweru - ID 13541046
e) Nicholas Ngure - ID 22255770 (H, E & A)
29. The matter was gazetted on 16 th July, 2023, Letters of Administration Intestate were issued to Nicholas, Catherine and Edith. The document was signed by Hon. Justice C. Kariuki. This was followed by a myriad of applications.
30. There is summons for confirmation of grant of Letters of Administration Intestate by the Respondents where it is indicated that the deceased was survived by Nicholas (1 st Respondent and F.N.W. (a grandson) and liabilities are indicated, then the proposed mode of distribution.
31. The fact of F.N.W. the grandchild being entitled to inherit what is rightly his, cannot be challenged.
32. The Applicant argues generally that she should be allowed to protect the inheritance rights of F.N.W. her biological son, a minor who will be disinherited by the Respondents. The Respondents are clearly keen on locking her out as they view her as a fraudster.
33. Because of the wrangles and/or personal reasons, Catherine Wangui Gichungu withdrew as an Administrator. Therefore, the remaining Administrators of the Estate are;
- Nicholas Ngure Nderitu
- Edith Nyokabi Kigamba
34. Rule 73 of the Probate and Administration Rules provides;
Nothing in these Rules shall limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.
35. I have looked at the age of the matter which dictates that I make orders that meet the ends of justice. Section 47 of the … Act provides;
The High Court shall have jurisdiction to entertain any application and determine any dispute under this Act and to pronounce such decrees and make such orders therein as may be expedient…
36. In Omollo v Ongoro (Succession Cause No 366 of 2001 [2023] KEHC (KLR) it was stated that;
“A reading of the above sections indicate that the High Court is clothed with wide powers to do what is necessary to ensure that the ends of justice are met. Thus, in a succession cause...”
37. Due process would not call upon the court to exercise the discretion to extend time within which to file an objection and answer to the Petition.
38. In the result, summons for confirmation of grant having been filed, I decline to revoke the grant but direct that the Applicant do file an Affidavit of Protest against the summons for confirmation of grant following the argument that she has been unfairly left out on the proposed distribution. She will be treated as an Interested Party in the matter and will accordingly oppose the intended mode of distribution of the estate. And, the court will determine the matter.
It is so ordered.
HC SUCC P&A E006 OF 2023 (2) (RUL) Page 2 of 2
2. The substratum of the application is that the Applicant is a beneficiary of the Estate of the deceased and is seeking to protect the interest of the minor who is a beneficiary of the Estate.
3. That the Applicant who is a pauper living from hand to mouth did not have enough funds to instruct counsel in good time as she was depending on the deceased for livelihood and sustenance hence was not able to file the application in good time. And, when she was able to instruct counsel, he could not act as expected because the file was transferred to Nyandarua around September, 2023, and parties in succession matters were not able to file documents.
4. Further, that it is the interest of justice and in the interest of the child that the court determines the issue.
5. The application is supported by an affidavit deposed by Judith Itata, the Applicant, who depones that the deceased died Intestate on the 19/09/2019. That she makes the application on her behalf and as a dependent of the deceased who was the father of her husband James Nderitu Waihenya with whom she had a child at the time of his demise. That as a Widow she depended on the deceased and his late wife for survival as their daughter in-law.
6. That the instant cause was gazetted on 16 th June, 2023, and she filed an Objection on 14 th June, 2023, and Answer to the Petition and Cross-Petition on 8 th March, 2024 which was filed out of time because she was constrained financially. That the primary Petitioner, Nicholas Ngure has been harassing her endlessly and denying her the opportunity to farm so as to earn a living rendering her destitute. That her primary concern is the protection of the interest of the Minor who is a beneficiary of the Estate that the Petitioners are attempting to disinherit.
7. And, the application has been brought timeously and in good faith.
8. In a response to the application dated 18/04/2024 the 1 st Respondent Nicholas Ngure deposed an affidavit where he averred that the Applicant has demonstrated financial ability by instructing counsel and demonstrated her net worth by alleging in a related matter that her net worth is 10,000,000/-. That the purported marriage to James Nderitu Waihenya is disputed as well as the allegation that she is the representative of the Estate of James Waihenya Nderitu and her identity is not determined.
9. The argument that she is a dependant of the deceased is dismissed. That the deadline of filing the Objection was 30 days after gazettement which fell on 16 th July, 2023 long before the file was transferred to Olkalou on 18 th September, 2023, and the fact of a replying affidavit having been filed showed no logistical challenges having been encountered.
10. That it is not true that interest involving the child will not be compromised if the extension is not granted. That the order sought will delay administration of justice; and, the Estate shall be distributed in strict compliance with the law.
11. Subsequently, before directions were given on the application dated 18 th September, 2024, the same Applicant filed a Notice of Motion dated 18 th October, 2024, seeking orders thus;
1) The confirmed grant of Letters of Administration made to Nicholas Ngure Nderitu, Catherine Wangui Gichungu and Edith Nyokabi Kigamba on the 16 th July, 2023, be revoked.
12. The application is premised on grounds that;
1) That the Applicant is the wife of the late James Waihenya Nderitu, the deceased’s son and thus a beneficiary of the Estate together with her son who is grandson to the deceased.
2) That the Respondents while aware of the said fact, proceeded to file and obtain a confirmed grant as the sole Administrators to the exclusion of the 1 st Applicant.
3) That the Respondents in an elaborate scheme to disinherit the Applicant and her son, have made a list of properties and named all manner of strangers as beneficial owners of the property who are listed as liabilities of the estate.
4) That a cursory look at the list of liabilities is enough to convince anyone of this elaborate scheme. The Respondents have named a total of 13 strangers as purported buyers of the properties of the deceased and who are not known in an attempt to mislead the court and in efforts to fraudulently disinherit the Applicant and her son.
5) That unless this application is heard urgently and orders issued, the Respondents might proceed to sell the entire suit property resultantly benefiting strangers and not the intended beneficiaries thus disinheriting the Applicant and her son and consequently rendering the summons for revocation an academic exercise.
13. In support of the application, the Applicant avers that at the time of his demise, the deceased, Fredrick Rukwaro was survived by James Waihenya Nderitu (now deceased) and the 1 st Respondent (Nicholas Ngure Nderitu). And, at the time of James’ demise, he was survived by a wife (Applicant) and a son who were sole beneficiaries of the Estate.
14. That the grant of Letters of Administration Intestate issued to the Respondents was obtained fraudulently under false statements and concealment of material information from the court.
15. That summons for confirmation of grant dated 12 th July, 2024, is an elaborate scheme by the Respondents to disinherit the Applicant and her son as they made a list of properties and named all manner of strangers, being thirteen (13) in number as beneficial owners of the property who are listed as liabilities of the Estate.
16. That the following strangers have been listed as purported buyers of properties namely;
a) NYANDARUA/NYAHURURU MUNICIPALITY BLOCK 8/230
i) David Ndirangu Kariuki - Plots A & B
ii) Paul Kariuki Ndegwa - Plot C
iii) John Muhota Mwangi - Plots D & E
iv) Anthony Waithima - Plot F
v) Serah Wanjeri Njuki - Plot G
vi) George Gikonyo & Nancy Njeri Njenga – Plots J & K
b) NYERI/NGARENARO/439
i) Peter Gatune Kamunya - 10 Acres
ii) Fredrick Ndiritu Wangeci/Leah Wangeci Ndiritu 21053645/5490423- 3 Acres
iii) Marmanet/North Rumuruti Block 2/5739 Joel Ndung’u Nderitu – 50 x 100
c) PLOT 72 GWA KUNG’U
i) Dedan Ndirangu Nderitu
ii) Wilberforce Kamau Ndung’u & Ann Wangeci Mwangi
iii) John Wachira Gitau
iv) James Muriithi Waweru
17. That no supporting documents have been adduced to support the claim of the various creditors, no sale agreement and no proof of payment or any evidence have been put forth to support the claim.
18. That at the time of his death, the deceased did not have any liabilities. That the other Respondents are nieces to the deceased who are unknown to the Applicant and do not rank in priority under the Law of Succession.
19. That the consent of parties/siblings of the beneficiaries who rank in priority has not been sought hence making their appointment inadmissible, a nullity and untenable in law. Therefore, the actions of Administrators having demonstrated lack of good faith they should not be allowed to continue with the administration of the Estate.
20. The Respondents filed grounds of opposition on the ground that the application dated 4 th August, 2023 should be prioritized on the question of identity of the Applicant, an application that has since been determined; that there has been violation of the subjudice rule – Section 6 of the Civil Procedure Act; That the issue of estoppel prevents redundant re-litigation of identical issues; and, that there is improper use of urgency procedures; in that Rule 73 of the Probate and Administration Rules grants courts discretion to issue necessary orders to prevent abuse of process.
21. This is a matter where there are multiple applications filed by the parties. Courts abhor filing of multiple applications which not only subverts the administration of justice but evidently turn out to be prejudicial. It is a matter of gambling. Trying to obtain a favourable order by all means. This is an abuse of the court process by adopting litigation gambling. This must be discouraged as it undermines the course of justice.
22. In the application dated 18 th April, 2024, the Applicant seeks extension of time to file an objection and answer to petition.
23. The background of the matter is that Fredrick Rukwaro Nderitu died Intestate on 19 th September, 2017. As at November, 2020 his surviving son Nicholas Ngure had not petitioned for letters of administration in respect of his Estate, therefore Judith Itata Waihenya who referred to herself as a daughter in-law cited Nicholas Ngure Nderitu to extract Letters of Administration of the Estate and in default the same could be granted to her as she considered herself a wife of his brother who predeceased his parents and they had a minor son.
24. Her action triggered the filing of Letters of Administration by Nicholas who disregarded her and brought in two (2) of his cousins Catherine Wambui Gichungu and Edith Nyokabi Kigamba as his Co-Administrators of the estate.
25. In a letter authored by Anne W. Mutahi Chief, Leshau Location attached to the petition for Letters of Administration Intestate filed by Nicholas, Catherine and Edith, it is stated that;
“…..The above named deceased hailed from within my area of Jurisdiction of Karagoini sub location, Leshau Location of Nyandarua North Sub County. This is to inform you that he died on 19 th September 2017 as per death certificate entry No 0301701354 at the age of 67 years old.
……The eldest son James Waihenya Ndiritu (deceased) was survived by his son N. F. W. (minor) who was born in Komolo village, Mella Parish, Tororo district in the Republic of Uganda as per birth certificate registration No. 19000036N3039 to James Waihenya Nderitu and one Itata Judith Emuria of Ugandan Nationality ….
…The deceased died without a will and the family held a meeting on 7 th January 2023. They confirmed the following to be the beneficiaries of the deceased’s estate; Nicholas Ngure Nderitu (son) and N. F. W. – grandson (minor) -7 years.
They also confirmed the following to be the administrators of the deceased’s estate; Nicholas Ngure Nderitu -ID No 22255770, Catherine Wangui Gichungu ID No 10709619, and Edith Nyokabi Kigamba ID No 9813297. Attached find copies for ease of reference and the list of interested parties”.
26. It is acknowledged that the minor was born of James Waihenya Nderitu (deceased) and Itata Judith Emuria.
27. Further, beneficiaries are indicated as;
- Nicholas Ngure Nderitu – son
- F.N.W – grandson 7 years old
And further, Nicholas, Catherine and Edith were to be Administrators.
28. Assets and liabilities of the deceased are listed thus;
ASSETS
1) NYERI NGARENARO/439
2) NYANDARUA/LESHAU KARAGOINI BLOCK 2 (KAHEMBE)/134
3) NYANDARUA/KARAGOINI/550
4) NYANDARUA/KARAGOINI/551
5) MARMANET/NORTH RUMURUTI BLOCK 2/5735
6) MARMANET/NORTH RUMURUTI BLOCK 2/5737
7) MARMANET/NORTH RUMURUTI BLOCK 2/5738
8) MARMANET/NORTH RUMURUTI BLOCK 2/5739 (NDURUMO)
9) NYANDARUA/NYAHURURU MUNICIPALITY BLOCK 8/230
10) PLOT 72 GWA KUNG’U
11) MANGUO TUMAINI SERIAL NO. 077
12) MACHAMUKA FARMERS CO. LTD CERTIFICATE NO. 252
13) WIUMIRIRIE FARMERS CO-OPERATIVE LTD MEMBER NO. 252 OSIRUA FARM NO. 4
14) NDATHI MUGUNDA 55/76 REG. NO. 68497 PLOT NO. 31
15) SMEP CERTIFICATE 12404 A/C 75244
16) NYALA SACCO CERTIFICATE NO. 02419 MEMBER NO. 07894
LIABILITIES
1) NYERI NGARENARO/439
a) Peter Gatune Kamunya - ID 2231687 (10 Acres)
b) Leah Wangeci Ndiritu - ID 5490423 ( 3 Acres)
2) MARMANET NORTH/RUMURUTI BLOCK 2/5739 (NDURUMO)
a) Joel Ndungu Nderitu - 1 Plot 50 x 100
3) NYANDARUA/KARAGOINI/551 – Charge to Equity Bank Ltd/ Gifted to Nicholas & Clemence Ngure on their wedding day
4) NYANDARUA/NYAHURURU MUNICIPALITY BLOCK 8/230
a) David Ndirangu Kariuki - ID 1126634 (B)
b) Paul Kariuki Ndegwa - ID 13134066 (C)
c) John Muhota Mwangi - ID 11267893 (D)
d) Serah Wanjeri Njuki - ID 23094652 (G)
e) George Gikonyo ID 1121293 & Nanny Njeri Njenga ID 8207601 (J & K)
f) Nicholas Ngure - ID 22255770
g) Anthony Waithima - ID 25841987 (F)
5) PLOT 72 GWA KUNG’U
a) Dedan Ndirangu Nderitu - ID 25731022
b) Wilberforce Kamau Ndung’u - ID 12487673 & Ann Wangeci Mwangi – ID 20401426
c) Joseph Wachira Gitau - ID 7029434
d) James Muriithi Waweru - ID 13541046
e) Nicholas Ngure - ID 22255770 (H, E & A)
29. The matter was gazetted on 16 th July, 2023, Letters of Administration Intestate were issued to Nicholas, Catherine and Edith. The document was signed by Hon. Justice C. Kariuki. This was followed by a myriad of applications.
30. There is summons for confirmation of grant of Letters of Administration Intestate by the Respondents where it is indicated that the deceased was survived by Nicholas (1 st Respondent and F.N.W. (a grandson) and liabilities are indicated, then the proposed mode of distribution.
31. The fact of F.N.W. the grandchild being entitled to inherit what is rightly his, cannot be challenged.
32. The Applicant argues generally that she should be allowed to protect the inheritance rights of F.N.W. her biological son, a minor who will be disinherited by the Respondents. The Respondents are clearly keen on locking her out as they view her as a fraudster.
33. Because of the wrangles and/or personal reasons, Catherine Wangui Gichungu withdrew as an Administrator. Therefore, the remaining Administrators of the Estate are;
- Nicholas Ngure Nderitu
- Edith Nyokabi Kigamba
34. Rule 73 of the Probate and Administration Rules provides;
Nothing in these Rules shall limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.
35. I have looked at the age of the matter which dictates that I make orders that meet the ends of justice. Section 47 of the … Act provides;
The High Court shall have jurisdiction to entertain any application and determine any dispute under this Act and to pronounce such decrees and make such orders therein as may be expedient…
36. In Omollo v Ongoro (Succession Cause No 366 of 2001 [2023] KEHC (KLR) it was stated that;
“A reading of the above sections indicate that the High Court is clothed with wide powers to do what is necessary to ensure that the ends of justice are met. Thus, in a succession cause...”
37. Due process would not call upon the court to exercise the discretion to extend time within which to file an objection and answer to the Petition.
38. In the result, summons for confirmation of grant having been filed, I decline to revoke the grant but direct that the Applicant do file an Affidavit of Protest against the summons for confirmation of grant following the argument that she has been unfairly left out on the proposed distribution. She will be treated as an Interested Party in the matter and will accordingly oppose the intended mode of distribution of the estate. And, the court will determine the matter.
It is so ordered.
HC SUCC P&A E006 OF 2023 (2) (RUL) Page 2 of 2