High Court 4070 of 2026

grant and certificate of confirmation were challenged by Wanyiri Kihoro. By Judgment dated 28th November 2019, Muchelule J (as he then was) revoked the Grant and Certificate of confirmation. A fresh grant was issued to: 1. Jane Nyambura Kihoro 2. Wanyiri Kihoro. The 1st Administrator filed summons for confirmation of grant dated 19th December 2019. In her affidavit of support, she identified the beneficiaries as follows: 1. THAT some of the following are the survivors of the deceased: (a) Karige Kihoro Dra ft. (b) Wamahiu Kihoro (c) Irene Waigumo Kihoro 2. THAT the other five survivors of the deceased have since died namely: a) Margaret Wairimu b) Macharia Kihoro c) Wamahiu Kihoro d) Lucy Wangari e) Mwagiru Kihoro She filed her proposed mode of distribution as hereunder: NAME DESCRIPTION OF PROPERTIES SHARE OF HEIRS IRENE WAIGUMO KIHORO L.R. No. Agutha/Gatitu/255 Whole HIGH COURT SUCCESSION CAUSE NO. 3381 OF 2003/enm 2 of 7 JUDGMENT

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JANE NYAMBURA KIHORO L.R. No. Agutha/Gatitu/1494 IRENE WAIGUMO KIHORO 2.9 Acre 1.3 Acre Wanyiri Kihoro the 2nd Administrator filed a counter Summons dated 16th December 2019. In his affidavit in support he does not make his preferred mode of distribution. This affidavit is therefore treated as an affidavit of protest to the Summons for Confirmation filed by Jane on 19th. By directions of the court the Summons for Confirmation was canvassed by way of viva voce evidence. Jane Nyambura Kihoro testified that deceased was her mother. She he had nine children: Dra ft. 1. Margaret Wairimu 2. Jane Nyambura Kihoro 3. Karige Kihoro 4. Wanyiri Kihoro 5. Irene Waigumo Kihoro 6. Macharia Kihoro 7. Wamahiu Kihoro 8. Lucy Wangari 9. Mwagiru Kihoro Deceased at the date of death had two properties; 1. Agutha/Gatitu/255 measuring 1.6 Acres. 2. Agutha/Gatitu/1494 measuring 4.2 Acres. HIGH COURT SUCCESSION CAUSE NO. 3381 OF 2003/enm 3 of 7 JUDGMENT

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During the lifetime of the father, the five brothers received four acres from him. She stated that Agutha/Gatitu/1494 was given to their mother Pitty to share among the daughters: 1. Margaret Wairimu 2. Jane Nyambura 3. Irine Wairimu 4. Wangari Mbugua 2 of the sisters namely: a) Margaret Wairimu b) Lucy Wangari Got married and gave up their share to her and Irine Waigumo Kihoro she has therefore distributed the estate as follows: Dra ft. NAME DESCRIPTION OF PROPERTIES SHARE OF HEIRS IRENE WAIGUMO KIHORO L.R. No. Agutha/Gatitu/255 Whole JANE NYAMBURA KIHORO L.R. No. Agutha/Gatitu/1494 2.9 Acre IRENE WAIGUMO KIHORO 1.3 Acre Her preferred mode of distribution is supported by: 1. Dennis Kariuki son of Irine Wairimu (deceased) 2. Muchiri Karige 3. Martin Maina 4. Carolyn Nyambura HIGH COURT SUCCESSION CAUSE NO. 3381 OF 2003/enm 4 of 7 JUDGMENT

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5. Machire Muluvi Wanyiri Kihoro the objector gave evidence. He testified that the deceased was his mother. She died in 1981 and had five children. At the time of her death she had 2 properties: 1. Agutha/Gatitu/255 2. Agutha/Gatitu/1494 registered jointly with her 4 sons: 1. Wanyiri Kihoro 2. Michire Kihara 3. Wamahi Kihoro 4. Mwagiru Kihoro When the deceased died in 199, her interest in Agutha/Gatitu/1494 was extinguished by operation of Andrew as Dra ft. it was a jointly owned property. He testified Agutha/ Gatitu/255 was in the name of deceased as at time of death. He suggest that parcel Agutha/Gatitu/... should be given to the children of Irine who is deceased. He proposes that the same be given to Dixon Kariuki Waigumo. From the pleadings, evidence and Submissions, it is not disputed that the deceased Pitty Mugure Kihoro died in November 1981 as evidenced by certificate of death annexed to the petition. The deceased had total of 9 children namely; 1. Margaret Wairimu HIGH COURT SUCCESSION CAUSE NO. 3381 OF 2003/enm 5 of 7 JUDGMENT

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2. Jane Nyambura Kihoro 3. Karige Kihoro 4. Wanyiri Kihoro 5. Irene Waigumo Kihoro 6. Macharia Kihoro 7. Wamahiu Kihoro 8. Lucy Wangari 9. Mwagiru Kihoro At the time of death the deceased had the following assets registered in her name; 1. Agutha/Gatitu/1494 2. Agutha/Gatitu/255 In Agutha/Gatitu/1494 is a Parcel. Dra ft. The five sons had each a share of 4 acres and 4.2 Acres was held by Pitty in trust for her four daughters: 1. Margaret Wairimu Kihoro 2. Jane Nyambura Kihoro 3. Irine Waigumo Kihoro 4. Lucy Wangari Mr Wanyiri Kihoro the Objector confirms that the Parcel of land Agutha/Gatitu/1494 was both in name of deceased Pitty and four sons: 1. Wanyiri Kihoro 2. Macharia Kihoro 3. Wamahi Kihoro 4. Mwagiru Kihoro HIGH COURT SUCCESSION CAUSE NO. 3381 OF 2003/enm 6 of 7 JUDGMENT

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He confirms that each of the sons received their share. He stated that it is not true that the share by deceased was held in trust for the daughters. He however admits and supports Irine Waigumo Kihoro who is deceased and represented by Dennis Kariuki Waigumo Agutha/Gatitu/255. should be given the property He however does not make any provision for the 1st administrator Jane Nyambura Kihoro. The 1st administrator Jane Nyambura has filed her preferred mode of distribution as hereunder: NAME DESCRIPTION OF PROPERTIES SHARE OF HEIRS IRENE WAIGUMO KIHORO L.R. No. Agutha/Gatitu/255 Whole JANE NYAMBURA KIHORO L.R. No. Agutha/Gatitu/1494 2.9 Acre Dra ft. IRENE WAIGUMO KIHORO 1.3 Acre Dated at Nairobi this 19TH day of MARCH, 2026. S. N. RIECHI JUDGE HIGH COURT SUCCESSION CAUSE NO. 3381 OF 2003/enm 7 of 7 JUDGMENT

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