High Court 343 of 2024

In re Estate of Elijah Munene Muthuri alias Elijah Munene M'muthuri (Deceased) (Succession Cause 494 of 2015) [2024] KEHC 343 (KLR) (25 January 2024) (Ruling) Neutral citation: [2024] KEHC 343 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MERU SUCCESSION CAUSE 494 OF 2015 TW CHERERE, J JANUARY 25, 2024 IN THE MATTER OF THE ESTATE OF ELIJAH MUNENE MUTHURI ALIAS ELIJAH MUNENE M'MUTHURI (DECEASED) IN THE MATTER OF ALEX KATHURI KIARA ........................................................... ADMINISTRATOR RULING 1. Deceased’s estate was distributed by a Certificate of Confirmation of Grant dated 10th May, 2002. The estate has to date not been distributed and the 2nd Administrator/Applicant attributes the delay to the death of the 1st Administrator Veronica Karambu Munene who died on 29th March, as demonstrated by a burial permit annexed to the supporting by an affidavit sworn on 25th October, 2023 in support of an application for rectification of even date. 2. Applicant also seeks rectification of the Certificate of Confirmation of Grant to include the name of Jane Kajuju (daughter of deceased) whose name was inadvertently not included as one of the beneficiary of 0.40 ha of LR. Abothuguchi/Katheri/601. 3. I have considered the explanation given by the applicant in support of the application for rectification dated 25th October, 2023 and I find that the application is merited. 4. Consequently, this court makes the following orders: 1. The letters of administration issued to Veronica Karambu Munene (now deceased) and Alex Kathuri Kiara are revoked and shall issue in the name of the surviving administrator Alex Kathuri Kiara 2. Certificate of Confirmation of Grant dated 10th May, 2002 is hereby rectified by deleting the name of Veronica Karambu Munene and substituting it with the name of Jane Kajuju Arimi 3. Rectified certificate of confirmation of grant to issue accordingly https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/343/eng@2024-01-25 1

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