High Court 1301 of 2018

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU SUCCESSION CAUSE NO. 666 OF 2013 IN THE MATTER OF THE ESTATE OF M’AGIRI BAIKWINGA alias AGIRI BAIKWINGA (DECEASED) HENRY NKOBU M’AGIRI................................................PETITIONER -VJOSEPHINE KAJUJU NKOBU............................................OBJECTOR RULING 1. M’Agiri Baikwinga alias Agiri Baikwinga died on 5th June, 1987. He left behind M’Marete M’Agiri and Henry Nkobu M’Agiri as his survivors. He also left behind the property known as LAND PARCEL NP. NTIMA/IGOKI/1 as his estate. 2. On 5th December, 2013, Henry Nkobu M’Agiri, his son (“the petitioner”) petitioned for letters of administration intestate which was issued to him on 19th March, 2014. By a summons dated 19 th March 2015, he applied for its confirmation proposing to distribute the estate as follows:a) Robert Kirimi Meme - 105ft by 50ft b) Josphat Kinoti Mwirichia - 1 acre c) Henry Nkobu M’ Agiri - balance 3. On 6th November, 2018, Josephine Kajuju M’Magiri filed an affidavit of protest against the proposed confirmation. She contended that as a daughter of one of the deceased’s children, M’Marete M’Magiri, she had not been provided for. She proposed that the estate be distributed as follows: NTIMA/IGOKI/1 a) Henry Nkobu M’Magiri - 2.15 acres b) Josephine Kajuju Nkobu - 2.12 acre c) Robert Kirimi Meme - 1/4 acre 4. The issue for determination is distribution of the estate. The deceased had only two sons, M’Marete M’Magiri (deceased) and Henry Nkobu M’Magiri. Under section 38 of the Law of Succession Act, the estate is to be distributed to the two equally. Since M’Marete M’Magiri however, has died and has left two children, his share will be distributed to his children Josphat Kinoti Mwirichia and Josephine Kajuju Nkobu equally. The position of Robert Kirimi Meme vis a vis the deceased was not clear. It was not explained. 5. Accordingly, the estate of the deceased is to be distributed as follows: NTIMA/IGOKI/1 a) Henry Nkobu M’Magiri - 0.91 ha

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