REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU SUCCESSION CAUSE NO.6 OF 2007 IN THE MATTER OF THE ESTATE OF JULIUS MUTHOMI RINGERA – DECEASED JANET NKIROTE MUTHOMI.....................................1ST ADMINISTRATIX VERSUS ANN KAIRUTHI RUTERE..........................................2ND ADMINISTRATIX DAVID KIRIMI RINGERA.....................................................2ND OBJECTOR JUDGMENT ON DISTRIBUTION 1. On 21st February 2019, this court made judgment and directed that the two administratix do file a valuation within 45 days. It also directed that they do file an affidavit setting out their respective homes. 2. When they failed to agree on a single valuation within the specified time or at all, on 8 th April 2019 the court directed that each administratix do file own valuation report. The 1 st administratix ignored those directions and only the 2 nd administratix filed her’s. In this regard, the distribution will be based on the valuation report by Roma Valuers, Environmental & Property Consultants Ltd that was filed and is on record. 3. According to the valuation, the properties were valued as follows: a) KIIRUA/KIIRUA/NKANDO/1303, 2acres- Ksh. 1,912,500/ b) KIIRUA/KIIRUA/NKANDO/4527, 1acre - Kshs. 1,365,000/ c) RUIRU/RWARERA/93, 2 acres - Kshs. 1,600,000/ d) SEGERA/SEGERA BLOCK 2/300, 2 acres – Kshs. 400,000/ SHARES a) KCB 366 shares - Kshs. 15,152/ b) CO-OPERATIVE BANK 50 shares - Kshs. 786/ c) KENYA AIRWAYS 1000 shares - Ksh 7550/ d) MUMIAS SUGAR COMPANY 1500 - Nil DEATH GRATUITY The administrators did not inquire from the employer of the deceased whether there was any gratuity remaining or it had already been paid to the next of kin. Supposing that there is any remaining, the court will distribute the same equally to all the beneficiaries.
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4. As held in the judgment, since the deceased was polygamous, the estate is to be distributed under section 40 of the Law of Succession Act. There were 7 units which were identified. Considering the extent and value of the estate, the same will be distributed as follows: 1. LR NO. KIIRUA/NKANDO/1303 Janet Nkirote Muthomi Kelvin Mwirigi Muthomi Edwin Mugambi Muthomi Yvonne Gacheri Muthomi Ian Mutuma Muthomi - In equal shares 2. LR NO. KIIRUA/NKANDO/ 4527 Anne Kairuthi Rutere Fellistus Gacheri 3. LR NO. RUIRI/RWARERA/93 Janet Nkirote Muthomi Kelvin Mwirigi Muthomi Edwin Mugambi Muthomi Yvonne Gacheri Muthomi Ian Mutuma Muthomi - In equal shares 4. SEGERA SEGERA BLOCK 2/300 P. NO. 399 Janet Nkirote Muthomi Kelvin Mwirigi Muthomi Edwin Mugambi Muthomi Yvonne Gacheri Muthomi Ian Mutuma Muthomi - In equal shares 5. SHARES 366 KCB SHARES 50 CO-OPERATIVE SHARES 1000 KENYA AIRWAYS 1500 MUMIAS SHARES Anne Kairuthi Rutere Fellistus Gacheri - In equal shares 6. GRATUITY Janet Nkirote Muthomi Kelvin Mwirigi Muthomi
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Edwin Mugambi Muthomi Yvonne Gacheri Muthomi Ian Mutuma Muthomi Anne Kairuthi Rutere Fellistus Gacheri - Equally There will be no order as to costs. DATED and DELIVERED at Meru this 19th day of September, 2019. A. MABEYA JUDGE
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