High Court 9085 of 2025

In re Estate of the Late Tumbo Lavu (Deceased) (Succession Cause 80 of 2011) [2025] KEHC 9085 (KLR) (26 June 2025) (Ruling) Neutral citation: [2025] KEHC 9085 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MACHAKOS SUCCESSION CAUSE 80 OF 2011 EN MAINA, J JUNE 26, 2025 IN THE MATTER OF THE ESTATE OF THE LATE TUMBO LAVU (DECEASED) IN THE MATTER OF PETER TUMBO LAVU .................................................................... 1ST PETITIONER MUTUA TUMBO ............................................................................. 2ND PETITIONER ALEXANDER MUTUNGA WATHOME ...................................... 3RD PETITIONER RULING 1. I have considered the Summons for rectification of the certificate of confirmed grant, dated 11th May 2025. The same is granted save that the 3.1 acres purportedly given to Elizabeth Wangari Gathua and the 25 acres given to Jackson Mbithi Kimeu out of Athi River Block 8/16 shall instead be registered in the names of the three Administrators of the estate and the beneficiaries of the estate shall consent to the same being transferred to the two strangers by the Administrators in the usual manner of transfer but not through transmission, or the same be distributed to the three houses of the deceased as has been done with the rest of Athi River/Athi River Block 8/16. 2. The application succeeds to that extent only but is rejected in regard to distribution of shares to strangers to the estate. 3. A rectified certificate of confirmed grant shall issue in accordance with this ruling but not in the manner proposed by the administrators. Orders accordingly. RULING SIGNED, DATED AND DELIVERED VIRTUALLY ON THIS 26TH DAY OF JUNE, 2025. E. N. MAINA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/9085/eng@2025-06-26 1

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