Julius Gennings Gichoga & 1 other v Mwingoka Self Help Group & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU SUCCESSION CAUSE 309 OF 1994 IN THE MATTER OF ESTATE OF M’MAGIRI M’IKABA (DECEASED) JULIUS GENNINGS GICHOGA.............................................1ST PETITIONER ERASTUS MURIIRA M’MAGIRI.........................................2ND PETITIONER VERSUS MWINGOKA SELF HELP GROUP..……………......…........1ST PROTESTER JANET KAIMURI KINYUA.....................................................2 ND PROTESTER RULING This Succession Cause relates to the estate of M’Magiri M’Ikabu deceased. By a chamber summons application filed in court on 5 th May 2015, the petitioners sought to distribute the estate of the deceased in accordance with paragraph 8 thereof. The proposed mode of distribution was opposed by the 1 st protester and the 2 nd protester via Replying affidavits filed in court on 3 rd and 8th December respectively who contended inter alia that they had entered into sale agreements with some of the beneficiaries and that ever since they entered into said agreement, the entire family of the deceased had taken possession of the said portions which they had heavily developed. By a ruling delivered by court on 23rd May 2018, the court noted that the petitioner had distributed the estate amongst the three sons only leaving out the daughters and the widow to the deceased. The court further noted that the widow and daughters had filed any affidavit renouncing their interests in the estate and that it would be important to have them attend court and expressly renounce their interest. It also emerged during the hearing that Erastus Mugiira and James Kiambi Magiri were already deceased and the court would therefore not go ahead and confirm distribution to them as proposed by Julius Gennings Gichoga. The court therefore directed the estate would be subject to distribution after identification of survivors of the deceased beneficiaries and attendance in court of the widow and daughters of the deceased if a live. When the parties appeared in court on 15 th October 2018, it appeared that James Kiambi was actually alive. Similarly on 5 th November 2018, the protestors were present in court while the petitioners were represented by Ms Kiome. The court subsequently directed that the matter be mentioned on 7th November 2018, to record consent on distribution. On the said date there was no appearance for the protestors. The representatives of Erastus Mugiira were however present in court. The parties intimated to court that they had agreed on distribution as follows:- • • • • • Marion Karimi Riungu to get 0.68 acres out of Nkuene/Taita P/No. 280 Harriet Tirindi to get 0.068 from Nkuene/Taita P/No. 280 Erastus Mugiira M’Magiri survivors to get 0.096 acres of Nkuene/Taita P/No. 280 James Kiambi Magiri get 0.096 acres out of Nkuene/Taita P/No. 280 The other parcels to remain as proposed by the petitioner in his proposed mode of distribution. In the affidavit supporting Julius Gennings Gichogas application for confirmation he did propose that L.R. Nkuene/U – Mukumbune/767 – Measuring 4.75 acres be shared equally between himself and Erastus Muguria M’Magiris wife/widow and children, L.R. Nkuene/L.Mikumbune/108 – measure 2.035 acres to be taken in whole by James Kiambi Magiri. If the sons of the deceased Erastus Mugiira and Julius Gennings Gichoga get 2.375 each and James Kiambi gets 2.035 it would mean that in addition to 0.096 from L.R Nkuene/Taita/280 they will get each 2.471 to Julius and Erastus and 2.131 acres to James Kiambi as compared to 0.68 acres each that Marion

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