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Original judgment

High Court 19532 of 2025

In re Estate of Kahuria - Deceased (Succession Cause 718 of 2013) [2025] KEHC 19532 (KLR) (5 November 2025) (Ruling) Neutral citation: [2025] KEHC 19532 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MURANG'A SUCCESSION CAUSE 718 OF 2013 CW GITHUA, J NOVEMBER 5, 2025 IN THE MATTER OF THE ESTATE OF MWANGI KAHURIA - DECEASED RULING 1. I have considered the summons for rectification of grant dated 15th May 2025 and the oral submissions made by the administrator in support thereof. I have confirmed the deaths of the two beneficiaries stated in the summons namely the late Esther Waithira Kihara and Stanley Kahuria from their death certificates which are annexed to the supporting affidavit. The purpose of the proposed review of the certificate of confirmation of grant is to have the shares allocated to the deceased beneficiaries distributed among their heirs. 2. The beneficiaries present are all in agreement that the distribution suggested by the administrator was as agreed between them and the deceased’s beneficiary’s heirs. 3. In order to facilitate full distribution of the estate of the late Mwangi Kahuria, I find that it would be in the interest of justice to allow the application which I hereby do. 4. The share(s) allocated to the deceased beneficiaries in the further amended certificate of confirmation of grant dated 26th July, 2023 shall now be distributed among their respective children as follows; Share of the late Esther Waithira: 1/6 share of Nyandarua/Silibwet/884 to be shared by Patrick Mwangi Kihara; Peter Mwangi Morris; Keneth Kahuria Kihara and Simon Irungu Kihara in equal shares. ¾ portion of same parcel of land to be shared by her daughters namely; Alice Njoki Kihara, Racheal Wairimu Kamau and Darras Muthoni Kihara in equal shares. 1/6 share of Stanley Kahuria in Nyandarua/Silibwet/884 to be distributed as follows; Diana Wangui Kahuria and Aeddah Wairimu Kahuria to share one acre in equal shares. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19532/eng@2025-11-05 1

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5. The remainder to be shared by Boniface Mwangi Kahuria; Cyrus Njeru Kahuria and Patrick Maina Kahuria in equal shares. 6. The further amended certificate of confirmation of grant to be further amended accordingly. 7. A fresh further amended certificate of grant to be issued. It is so ordered. HON. C. W. GITHUA JUDGE 5.11.2025 Further Order The administrator to attend the court on 10th March 2026 for mention to report on the status of distribution of the Estate. Orders accordingly. HON. C. W. GITHUA JUDGE 5.11.2025 https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19532/eng@2025-11-05 2

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