High Court 10982 of 2024

No. Description of Asset Muguga Land L.r. No. 4885/174, I.r. No 157441 Jane Wanjiku King’ang’i Muguga Land L.r. No. 4885/172, I.r. No 157438 Lucy Wambui King’ang’i Muguga Land L.r. No. 4885/173, I.r. No 157440 Jennifer King’ang’i Lower Kabete L.r. No. Kabete/kibichiku/2149 Pauline Muthoni King’ang’i Lower Kabete L.r. No. Kabete/kibichiku/3718 Anne Wanjiru King’ang’i Heir Mwihaki Lower Kabete L.r. No. Kabete/kibichiku/3719 Lower Kabete L.r. No. Kabete/kibichiku/3720 Lower Kabete L.r. No. Kabete/kibichiku/3721 Lower Kabete L.r. No. Kabete/kibichiku/3722 Lower Kabete L.r. No. Kabete/kibichiku/3723 Lower Kabete L.r. No. Kabete/kibichiku/3724 Priscilla Wambui King’ang’i Lower Kabete L.r. No. Kabete/kibichiku/3725 Lower Kabete L.r. No. Kabete/kibichiku/3731 Lower Kabete L.r. No. Kabete/kibichiku/3732 Lower Kabete L.r. No. Kabete/kibichiku/3733 https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/10982/eng@2024-09-19 2

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Lower Kabete L.r. No. Kabete/kibichiku/3726 Josephine Njeri John Lower Kabete L.r. No. Kabete/kibichiku/3727 Lower Kabete L.r. No. Kabete/kibichiku/3728 Lower Kabete L.r. No. Kabete/kibichiku/3729 Lower Kabete L.r. No. Kabete/kibichiku/3730 Lower Kabete L.r. No. Kabete/kibichiku/2147 And Edwin Ngui King’ang’i to hold in Trust for: Motor Vehicle Reg. No. KXX70 Edwin Ngugi King’ang’i Elizabeth Njoki King’ang’i Virginia Mugure Muigai Serah Mwihaki Mbugua Esther Woki Mboca James Kimani King’ang’i Pauline Muthoni King’ang’i Peter Gitungo King’ang’i Priscilla Wangui King’ang’i and Anne Wanjiru King’ang’i L.R. No. Ng’ong/ngong/ 63366 L.R. No. Ng’ong/ngong/ 37485 L.R. No. Kijabe/kijabe Blcok 1/14961 Westlands L.r. 1870/11/301 No. Any Two Administrators To Execute Sale Documents In Respect Of The Properties And Net Proceed Of Sale Be Distributed To All Beneficiaries Of The Estate Equally As Denoted In The Partial Confirmation Of Grant Dated 2Nd June 2021 Two Administrators To Execute Transfer In Respect Of Transmission Of Properties To Company https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/10982/eng@2024-09-19 3

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Nairobi South “c” L.r. No. 209/5048 Wangige Shop Number 2 Eastleigh L.r. No. 36/ vii/432 Nairobi West L.r. No. 37/256/5 Parklands L.r. No. 209/91/ 17 Parklands L.r. No. 209/ 2389/150 Duly Formed By The 2Nd Family Wherein They Are All Shareholders And Directors Two Administrators To Execute Transfer In Respect Of Transmission Of Properties To Company Duly Formed By The 1St Family Wherein They Are All Shareholders And Directors Kshs.15,000,000 Be Held By The Firm Of B.w. Maina And Associates And Kabaiku And Company Advocates Jontly To Cater For Stamp Duty Estimated Cost For Transfer Of The Properties To The 3Rd Families Beneficiaries Motor Vehicle Registration No. Kay 309f Nicholas Kung’u King’ang’i Motor Vehicle Registration No. Kah 933g Harrison Ngugi King’ang’i Motor Vehicle Registration No.kvk 406 Elizabeth Njoki King’ang’i Motor Vehicle Registration No. Kah 330s Motor Vehicle Registration No.kbt 452m Motor Vehicle Registration No. Kas 699u Motor Vehicle Registration No. Kbh 465j Lucy Wambui King’ang’i Motor Vehicle Registration No. Krt 337 Tractor The Administrators Namely Edward Ngugi King’ang’i, Edwin Ngugi King’ang’i And David https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/10982/eng@2024-09-19 4

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Kinyati King’ang’i To Hold In Trust Of All The Sons Of The Deceased. Safaricom Shares Standard Chartered Bank Shares Kenya Breweries Shares Standard Chartered Bank Account Number 0102025260200 – Kshs. 15,145,526/25 Standard Chartered Bank Account Number 0102025792900 – Kshs. Two Administrators To Execute Sale Documents And Net Proceed Be Distributed To All The Beneficiaries Fo The Estate As Denoted In Partial Confirmaiton Of Grant Dated 2Nd June 2021. Two Administrators To Execute Remittance To All Beneficiaries Equally As Per Partial Confirmation Of Grant Dated 2Nd June 2021 Standard Chartered Bank Account Number 0152471450700 – Kshs 284,307/45 Standard Chartered Bank Account Number Deal Number 44025260201 Kshs. 60,565,890/43 Stanbic Bank Account Number 0100000093331 Two Administrators To Execute And Remit Saving Account & Fixed Deposit Sh.35,420,460/04 A) Kshs.30,000,000 In The STANBIC BANK ACCOUNT – COMMERCIAL BANKING DEPOSIT ROLLOVER ADVICE MM1522215952 Shs.132,171,365/90 Advocates M/s H.t. & Joint Account Of The Associates, Shabana Osman And Associates, B.w. Maina And Associates And Kabaiku And Company To Hold As Disbursement Legal Cost For Payment To https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/10982/eng@2024-09-19 5

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Advocates Of The Deceased Estate. B) Kshs. 15,000,000 To Be Remitted To B.w. Maina And Asscoates And Kabiku And Company Advocates To Hold As Stamp Duty Disbursement To Be Paid For Transfer Of Properties Lr N0. 209/91/17 And 209/2389/150 C) Two Administrators To Remit The Ablance Of Funds To All Beneficiaries Equally. (b) That the cost of this application be in the cause. 3. The application is based on the grounds thereof and the sworn joint affidavit of Edward Ngugi Kingangi and Edwin Ngugi Kingangi dated the same date. 4. The gist of the application is that both applicants are administrators of the estate herein representing the 1st and 2nd family respectively. That the grant herein was partially confirmed on 2nd June 2021. To date the same has not been executed because the other administrator from the third house reside outside Kenya and therefore it has been difficult to implement the grant. 5. They went on to state that the issue pending was the distribution of the third families portion and the legal fees demanded from the said house. 6. They therefore deponed that they need to move forward as any delay shall cause some of the assets to be surrendered to the Unclaimed Assets Authority and that the beneficiaries were also aging and needed to enjoy their bequest. 7. Jennifer Mwihaki Kingangi swore a replying affidavit dated 29th June 2023 in which the major issue in my view that she raised was the fact that some of the properties have been changed in their description as contained in the partial confirmation. Those errors should therefore be taken into consideration. 8. She however penned off by praying that the partial confirmation ought to be revoked. 9. I have looked at the application as well as the history of this matter. It is true that the grant was partially confirmed on 2nd of June 2021. To date there is no application to amend the grant or for that matter a revocation. The request by Jennifer for revocation is not only un-procedural and unmerited for it has been raised in a replying affidavit without a formal application. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/10982/eng@2024-09-19 6

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10. Secondly that request is too late in the day. She has been in the picture all along until the grant was partially confirmed. If there are errors in the description of the properties, then the same does not warrant revocation but simple amendment of the partial grant. 11. The reason that the other administrators reside outside the country was not opposed. This has posed significant challenge in moving forward the partial grant in terms of distribution and transmission of the properties. 12. The court sees no harm in the two available administrators transmitting the same to the beneficiaries as long as it complies with the partial confirmed grant. If there are any errors as pointed out by the respondent, then the same can be corrected by way of rectification of the grant. 13. In the premises and since none of the parties stand to suffer loss the application dated 8th June 2023 is hereby allowed as prayed with no order as to costs. DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 19TH DAY OF SEPTEMBER 2024. H K CHEMITEI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/10982/eng@2024-09-19 7

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