In re Estate of Chinjigu Kainika (Deceased) (Succession Cause E584 of 2020) [2025] KEHC 12458 (KLR) (3 September 2025) (Judgment) Neutral citation: [2025] KEHC 12458 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) SUCCESSION CAUSE E584 OF 2020 SN RIECHI, J SEPTEMBER 3, 2025 IN THE MATTER OF THE ESTATE OF CHINJIGU KAINIKA (DECEASED) JUDGMENT 1. The deceased Chinjigu Kainika died on 18th August, 2017 at Ladna Hospital at the age of 85 years old. By Chief’s letter dated 1st June, 2020 the chief of Kiru Location. It was confirmed that the deceased had 3 wives. Emily Njoki (1st Wife) Deceased, Esther Njeri (2nd wife) and Ann Wanjiku (3rd wife). The three wives had the following children: a. b. c. 2. Emily Njoki – First Wife – Deceased i. Wilson Muchiri ii. Jack Wagana iii. Stephen Kamamia iv. Timothy Mukuha Esther Njeri – Second Wife i. Wilfred Muchiri ii. Moses Kirathe Ann Wanjiku – Third Wife i. Beth Wanjiru ii. Beth Wangari iii. Kennedy Muchiri The petition for grant of probate was lodged by and granted to Ann Wanjiru Chinjigu, Lincoln Mwangi Wagaha and Ester Njeri Chinjigi on 21st January, 2021. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/12458/eng@2025-09-03 1
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3. The executors then filed summons for confirmation dated 8th March, 2023. In the affidavit of support they averred that the deceased was survived by the following beneficiaries. First Family a. Jackson Wagana Mainah - Son b. Stephen Kamamia Maina - Son c. Alice Wanjugu Mukuha - Daughter-in-law d. Lincoln Mwangi Wagana - Grandson e. Nancy Wairimu Chinjigu - Daughter f. Dennis Maina Muchiri - Grandson g. George Maina Muchiri Kairika - Grandson h. Martin Jackson Wagana Muchiri - Grandson i. Lawrence Gatubu Muchiri - Grandson Second Family j. Esther Njeri Chinjigu - 2nd wife k. Wilfred Muchiri Chijigu - son l. Jane Gachambi Kagiri - Daughter-in-law m. Simon Kamau Muchiri - Grandson Third Family 4. n. Anne Wanjiku Chinjiku - 3rd wife p. Kennedy Muchiri Chinjigu - Son q. Betty Wangari Njau - Daughter The full inventory of the assets of the estate as per the will are: Assets i. Kiambuthia/Loc. 14 Plot No.680 In Kairo Sub-Location, Murang'a District ii. Plot No. 36/Vii/767 Eastleigh, Kirongothi Street iii. L.R. No. 2107 Umbui Village, Kiru Location, Murang'a District iv. Eastleigh Plot No. 36/Vii/345 v. Kariobangi Marura Plot No. 8285/292 vi. Shares In Juja Road Business Centre, Plot No. 2209/3271/20 - Juja Road vii. Plot No. Ruiru Kiu Block 8/562 viii. Plot No. 46 In Nyandarua District ix. Shares in Nairobi/Block 119/2559 x. Plot No. 25 in Githurai https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/12458/eng@2025-09-03 2
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5. xi. Plot No. 229, Nyahururu xii. Shares - Raiciri Investments Ltd Plot No.209/2746 They therefore, prayed that the grant be confirmed as per the will. This position was supported by: House of Emily Njoki 1. Alice Wanjiku Muhia 2. Dennis Maina Muchiri House of Esther Njeri 1. Jane Gatheya kagiri 2. Esther Njeri House of Ann Njoki 6. Stephen Kamamia Maina filed affidavit to protest dated 2nd may, 2023 stating that he does not agree to the distribution indicated in the affidavit of support as it is at variance with the contents of the will. He argues this court to order that the content of the will be……... In his protest, he contends that the share in Juja Road Business Centre Plot No. 209/3271/20 – Juja Road be given to Jack Wagana 50%, Stephen Kamamia – 50% 7. From the response of the administrators and Stephen Kamamia the protester, it is agreed that the deceased died testate. He left a will dated 26th august, 2016 drawn by Mwaniki Gachoka & co. Advocates and signed by the deceased and witnessed by Mary Wachani and Everline Muchemi. The validity of the will has not been challenged and I, therefore do find that the deceased died having left a valid will. 8. Where a deceased has left a valid written will, this court will distribute the estate as per the written will. This court will not except in exceptional circumstances interfere with the testamentary freedom of the testator in the distribution of his property as stated in the will. 9. The only issue is the manner appears to be the distribution of shares held by deceased in Juja Road Business Centre, which Stephen Kamamia contends should be distributed to him and Jack Wagana and which the executors have proposed and distribute as follows: https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/12458/eng@2025-09-03 3
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No. Assets Beneficiary Share Kiambuthia Loc. 14. Plot No. 680 in Kairo Sub-location, Muranga District Wilfred Muchiri Equal Plot No. 36/VII/767 Eastleigh, Kirongothi Street Wilfred Muchiri L.R. No. 2107 Umbui Village, Kiru Location, Muranga District Wilson Muchiri 1.25 Acres Stephen Kamamia, 1.25 Acres Alice Mukuha 0.25 Acres Moses Kirathe Kennedy Muchiri Moses Kirathe Wanjugu Denis Maina Muchiri Eastleigh Plot no. 36/ VII/345 Equal Ann Wanjiku Matrimonial House Equal Rose Wanjiru Beth Wangari Kennedy Muchiri Kariobangi Marura Plot No. 8285/292 Ann Wanjiku Equal Rose Wanjiru Beth Wangari Kennedy Muchiri Shares in Juja Road Business Centre, Plot no. 209/3271/20 – Juja Road Jack Wagana Equal Lincoln Mwangi Michael Maina Emily Njoki Wilson Muchiri Kelvin Gathogo Stephen Kamamia Sylvia Nyambura Mark Maina Plot no. Ruiru Kiu Block 8/562 Alice Mukuha Wanjugu https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/12458/eng@2025-09-03 Whole 4
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Plot No. 46 in Nyandarua District Jack Wagana Shares in Nairobi/ Block 119/2559 Alice Mukuha Plot No. Githurai Wilfred Muchiri Plot No. Nyahururu 25 in Whole Wanjugu Whole Equal Moses Kirathe 229 Lincoln Wagana Mwangi Simon Muchiri Kamau Lincoln Wagana Mwangi 1 Acre 1 Acre 1.5 Acres Kennedy Muchiri 10. Shares – Raiciri Investments Ltd Plot No. 209/2746 Jack Wagana Whole Joint Account with Ann Wanjiku Ann Wanjiku Whole Joint Account with Esther Njeri Chinjigu Esther Njeri Chinjigu Equal Jane Kirathe Gachambi Clause 7 of the written will states: “I give my shareholding in a company known as Juja Road Business Centre Plot No. 209/3271/20 – Juja Road to Jack Wagana and Stephen Kamami together with their children.” 11. A plaint reading of this clause indicates that the property was to be distributed to Jack Wagana and his children 50% and Stephen Kamamia and his children 50%. The executors have liberty to hand the children of Jack Wagana and Stephen Kamamia respectively if they are of age. Those children will receive their share from the 50% awarded to their father. 12. I, therefore, find that the deceased died leaving behind a valid written will and confirm the estate to be distributed as per the written will dated 26th August, 2016. DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 3RD DAY OF SEPTEMBER, 2025. ……………………………………. S N RIECHI https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/12458/eng@2025-09-03 5
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JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/12458/eng@2025-09-03 6
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