Joel Waweru Kihara Pauline Njeri Kihara Alice Wambui Kihara v Lydia Wanjiku Njoroge

objected to the confirmation of the grant application. The Applicant brought the summons for revocation and annulment of the grant under Rule 44(1) of Probate and Administrator Rules and Section 76 of Law of Succession Act Cap 160. The Applicant/Protestor relied on the following grounds; a. The grant became useless and inoperative after the death of one of the administrators JOEL WAWERU KIHARA in October, 2010. b. The grant was obtained fraudulently by fraudulent statement or by concealment of material facts. The administrators did not disclose all the beneficiaries of the estate and did not consult and obtain consents from all beneficiaries. c. The administrators have intermeddled with the estate and taken undue advantage over others. HEARING On 6th July, 2015 the Petitioner/administrator ALICE WAMBUI KIHARA relying on the Further Affidavit filed on 7TH August, 2014 and the attached mode of distribution in line with affidavit in support to the summons for confirmation application stated as follows; a. There were shares that had been left out in the list of assets in the affidavit in support to the application for confirmation of grant; i. 400 shares – Express Kenya Limited ii. 5,330 shares – Kenya Commercial Bank which she proposed to be held by the widow of the deceased, PAULINE NJERI KIHARA (2nd administrator) b. Harambee Estate House No. HL9 is where the Petitioner lives in. She helped the deceased pay off the monthly mortgage repayments to HFCK until 1997 when she got the title over the house. c. She developed and refurbished the house and put up a permanent fence and repaired the roof tiles and painted the house at her own cost. d. The administrator has resided in the house with her 18 year old daughter. She is not employed and has nowhere to go. She cannot share the house with the Protestor as she was left the house by their late father and she paid his medical bills. She ought to have the house exclusively. e. The Petitioner/Administrator attached to the Further Affidavit the mode of distribution and proposed as follows; i. L. R. NO. LOC. 3 Mukuria/447- 1.90 hectares for Pauline Njeri (widow) and 5 children ii. L. R. NO. LOC. 3 Gichagini /114 – 2.63 hectares for Mary Wanjiru Mwangi (widow) of administrator Joel Waweru Kihara and 5 children iii. L. R. NO. LOC. 3 Githumu/344 – 5.58 hectares to be held in equal shares by the children of the deceased by the 1st wife (deceased) 1. Pauline Njeri Kihara 2. Peris Wandia Masuku 3. David Wainaina Kihara 4. Lydia Wanjiku Njoroge 5. Alice Wambui Kihara - Children of late Jane Wangui – 0.93(2nd wife/widow) 0.93 0.93 0.93 0.93 Peris Wandia Wangui John Kihara Wangui Joy Wanjiku 0.93 Monica Waithera f. L. R. NO. LOC. 3 Githumu/565/18- Githumu Market held by the widow Pauline Njeri Kihara for

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herself and 5 children g. L. R. NO. LOC 3 Mukuria/554/14 – David Wainaina – ½ share Children of Jane Wangui Kihara – Peris Wandia Wangui John Kihara Wangui ½ share Joy Wanjiku Monica Waithera h. L. R. NO. Nairobi/Block 62/687 – to be held by Mary Wanjiku Mwangi widow of Joel Waweru Kihara and 5 children i. L. R. NO. 209/7196/149 – Alice Wambui Kihara – Absolutely Pauline Njeri Kihara 2nd wife and widow of the deceased filed further affidavit on 7 th August 2014 and she supported the distribution of the petition by Alice Wambui and accepted proportion of the deceased’s estate allocated for her and her children. The Protestor by a Further Affidavit filed on 28th July, 2014 stated that the mode of distribution should be adjusted as follows; a. L. R. 209/7196/149 - Alice Wambui Kihara, Lydiah Wanjiku Njoroge Equally Peris Wandia Masuku b. The Kihara Plot - Joel Waweru Kihara family David Wainaina Equally Jane Wangui Kihara family c. L. R. NO. LOC 3 Gichagini/114 - Jane Waweru family Monicah Wangui Kihara family David Wainaina d. L. R. LOC. 3 Mukuria/447 – be distributed Joel Waweru family Wangui Kihara family David Wainaina Peris Wandia Masuku filed an affidavit in support of the Protestor on 21st July, 2015. The Court has considered the evidence on record the pleadings filed and more so both proposed modes of distribution. Taking into account all the submissions the Court proposes the following mode of distribution under Section 71 of the Law of Succession Act Cap 160. The Court distributes the estate as follows;

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1. Express Kenya Ltd 400 shares – 1st Family held jointly and share equally. Namely; a. Peris Wandia Masuku b. David Wainaina Kihara c. Lydia Wanjiku Njoroge d. Alice Wambui Kihara 2. Kenya Commercial Bank 5,330 shares – 2nd Family held jointly and share equally. a. Josephat Ng’ang’a Kihara b. Monicah Wangui Kihara c. Joel Waweru Kihara d. Mary Wanjiku Kihara e. Peris Wandia Kihara 3. LOC 3 Mukuria 447 – 1.90 hectares – 2 nd Family Pauline Njeri Kihara widow plus 5 children jointly and equally. Namely; a. Josephat Ng’ang’a Kihara b. Monicah Wangui Kihara c. Joel Waweru Kihara d. Mary Wanjiku Kihara e. Peris Wandia Kihara 4. L. R. LOC 3 Gichagini/114 children. Namely; - Joel Waweru Kihara (deceased) family Mary Wanjiku plus 6 a. Catherine Njeri Mwangi b. Emmah Wambui Waweru c. Caroline Waithira Waweru d. Patrick Kihara Waweru e. Michael Mwangi Waweru f. Susan Wangui Waweru 5. L. R. NO. LOC Githumu/344 – Peris Wandia Masuku – 0.93 David Wainaina Kihara – 0.93 Lydiah Wanjiku Njoroge – 0.93 Pauline Njeri Kihara - 0.93 Alice Wambui Kihara Lydia Wanjiku Njoroge - 093 Peris Wandia Masuku Children of Jane Wangui – Peris Wandia Wangui John Kihara Wangui Joy Wanjiku Monica Waithera - 0.93

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6. L. R. NO. LOC 3 Githumu/565/18 Githumu Market – 2nd family jointly & equally a. Josephat Ng’ang’a Kihara b. Monicah Wangui Kihara c. Joel Waweru Kihara d. Mary Wanjiku Kihara e. Peris Wandia Kihara 7. L. R. LOC. 3 Mukuria/554/14 – Wainaina ½ share Jane Wangui’s family jointly and equally – Peris Wandia Wangui John Kihara Wangui ½ share Joy Wanjiku Monicah Waithera 8. L. R. NO. Nairobi/Block 62/687 Kihara house – held by Mary Wanjiku Mwangi plus 6 children a. Catherine Njeri Mwangi b. Emmah Wambui Waweru c. Caroline Waithira Waweru d. Patrick Kihara Waweru e. Michael Mwangi Waweru f. Susan Wangui Waweru 9. L. R. NO. 209/7196/149 – Alice Wambui Kihara- Absolutely NOTE: Pauline Njeri Kihara 2nd wife of the deceased has other properties. Proceeds from bank accounts of the deceased and Thika houses, Githunguri and the above mentioned properties for her and her children The 2nd widow will forfeit 400 share of Express Kenya Ltd to the first family. She will also forfeit part of 0.93 ha of LOC 3 Githumu/344 and share with Alice Wambui Kihara. Alice Wambui Kihara will forfeit her 0.93 of LOC 3 Githumu/344 share to be shared by Lydiah Wanjiku Njoroge and Peris Wandia Masuku to compensate them their share in the home L. R. NO. 209/7196/149 which is to be held and occupied by Alice Wambui Kihara exclusively. She has lived through with her child, she looked after her father and paid medical bills and she renovated the house with her cost and paid the mortgage payments. This evidence was not controverted by the Objector. The Objector is married and Peris Wandia Masuku lives out of the country. They cannot share the house with Alice Kihara. FINAL ORDERS 1. The Application for summons for confirmation of grant of 11 th June, 2007 and summons for revocation/annulment application of 4th November, 2010 are both confirmed in terms of the mode of distribution outlined by the Court in the ruling of the Court. 2. The Court confirms the grant of 26 th April, 2004 in terms of mode of distribution indicated above under Section 71 of the Law of Succession Act Cap 160. 3. There will be no costs of the Court.

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4. Any party is at liberty to apply. READ AND SIGNED IN OPEN COURT AT NAIROBI THIS 1ST DAY OF DECEMBER, 2015 M. W. MUIGAI JUDGE

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