Caselaw

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI SUCCESSION CAUSE NO. 2001 OF 2012 IN THE MATTER OF THE ESTATE OF TINKOI OLE NKARAGGA (DECEASED) RULING 1. When the Summons for confirmation of grant dated 29 th October 2014 came before me on 14th January 2015, I noted that the widows of the deceased had not been provided for in the proposed distribution. I placed the file aside and asked counsel appearing for the estate, Mr. Momanyi, to consult with the family with a view to making provision for the two widows. 2. After sometime they came back to report that they had reached a consent which was stated by Mr. Momanyi as follows:a. Kajiado/Mailua/3594 – to Leteiyio Tinkoy Nkairraga and Muntet ene Tinkoy. b. Kajiado/Mailua/3599 – to Nkela Tinkoy Nkairraga and Muntet ene Tinkoy; c. Kajiado/Mailua/3596 – to Mirishi Tinkoy Nkairraga and Sokoto ene Tinkoy; d. Kajiado/Mailua/3597 – to Mukumpa Tinkoy Nkairraga and Sokoto ene Tinkoy; e. Kajiado/Mailua/3592 – to Koin ene Meritei and George ene Meritei; and f. The rest of the parcels to be distributed as per the consent to mode of distribution filed in court on 17th and 18th November 2014. 3. When I sought the concurrence of Sokoto ene Tinkoy, she confirmed the understanding stated by Mr. Momanyi, but stated that the share due to her should not be sold. 4. As the parties are in agreement on how the estate of the deceased is to be shared out, I do hereby allow the application dated 29th October 2014. The estate shall be distributed as per the mode of distribution stated at paragraph 2 here above. DATED, SIGNED and DELIVERED at NAIROBI this 25TH DAY OF SEPTEMBER, 2015. W. MUSYOKA JUDGE