High Court 5785 of 2026

ROSE KAUME………………………..ADMINISTRATOR/RESPONDENT MBAAH GEORGE THIRINGI…………………….ADMINISTRATOR/RESPONDENT KINOTI JUDGEMENT 1. What is before court for determination is summons for confirmation of grant dated 30th June, 2025 by the Applicant/Administrator, Elizabeth Mbeti Kaume, where she seeks for the confirmation of the grant of letters of administration Intestate issued to her, ROSE MBAAH KAUME, EUNICE NKATHA & GEORGE KINOTI THIRINGI on 17 th April, 2017 and amended on 19th March, 2025 and for the costs of this summons to be in the cause. 2. The summons is supported by her affidavit sworn on the even date wherein she averred that the deceased herein died on 23 rd July,2012 and grant of letters of administration of his estate was issued to her, ROSE MBAAH KAUME ,EUNICE NKATHA & GEORGE KINOTI THIRINGI on 17th April,2017 and amended on 19th March,2025. 3. She deposed that the deceased was survived by the following; I. Elizabeth Mbeti Kaume- Widow Meru H.C. Succession Cause No. 185 of 2015 Page 2 of 54

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II. Florence Karei Bundi- Daughter III. George Kinoti Thiringi- Son IV. Susan Mwonjiru Kaume- Daughter(deceased), survived by Patrick Gitonga Kaume V. Charity Kinya Kaume –Daughter( deceased) survived by VI. Joel Baariu Lichoro VII. Catherine Kendi VIII. Eliud Mwenda IX. Paul Mwirigi X. Nicholas Thuranira Thiringi- Son (Deceased), was unmarried and had no children XI. Rose Mbaah Kaume- Daughter XII. Naomi Kananu Kaume- Daughter(Deceased) survived by; XIII. Jackline Karambu Osman XIV. Douglas Thuranira XV. DR. James Kithinji Thiringi- Son XVI. Nathan Mutuma Thiringi- Son XVII. DR. Lydia Karimi Kaume- Daughter XVIII. Mercy Mwendwa Kaume- Daughter XIX. Evangeline Nkirote Kaume- Daughter Meru H.C. Succession Cause No. 185 of 2015 Page 3 of 54

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4. She proposed that the deceased estate be distributed as follows:- PROPERTY 1. Title No. Kianjai /Mituntu/ 75(26.83Ha) 2. Title No. Kianjai /Kianjai /372(5.95Ha) Beneficiary a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Thiringi l. Mercy Mwendwa Kaume a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Osman and Douglas Meru H.C. Succession Cause No. 185 of 2015 Share All to share equally All to share equally Page 4 of 54

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3. Title No. Kianjai /Kianjai /4471(0.384Ha) 4. 50% of Title No. Kianjai /Kianjai /2397(0.43Ha)(Title jointly owned with Francis Kathunka Kiuga) Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Thiringi i. Mercy Mwendwa Kaume a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Thiringi l. Mercy Mwendwa Kaume a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Meru H.C. Succession Cause No. 185 of 2015 All to share equally (with an option of selling and sharing the proceeds equally or willingly buying each other out at fair market value. All to share equally (with an option of selling and sharing the proceeds Page 5 of 54

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5. Title No. West/Uringu (2.014Ha) Tigania II/289 6. Title No. Kianjai /Kianjai /3859(0.67Ha) Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Thiringi l. Mercy Mwendwa Kaume a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Thiringi l. Mercy Mwendwa Kaume a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume Meru H.C. Succession Cause No. 185 of 2015 equally or willingly buying each other out at fair market value. All to share equally All to share equally (with an option of selling and sharing the Page 6 of 54

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7. Title No. Kianjai /Kianjai /6756(0.45Ha) 8. Title No. Kianjai /Kianjai/1884(5.47 Ha) g. Jackline Karambu Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Thiringi l. Mercy Mwendwa Kaume a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Thiringi l. Mercy Mwendwa Kaume a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Meru H.C. Succession Cause No. 185 of 2015 proceeds equally or willingly buying each other out at fair market value. All to share equally (with an option of selling and sharing the proceeds equally or willingly buying each other out at fair market value. All to share equally. Page 7 of 54

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9. Title No. Kianjai Kianjai/4559(2.00 Ha) / Meru H.C. Succession Cause No. 185 of 2015 Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Thiringi l. Mercy Mwendwa Kaume a. Elizabeth Mbeti All to Kaume share b. Florence Karei equally. Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Osman and Douglas Thuranira h. James Kithinji Page 8 of 54

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10. Title No. Kianjai Kianjai/2071(0.75 Ha) / 11. Title No. Kianjai Kianjai/3588(0.3 Ha) / Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Thiringi l. Mercy Mwendwa Kaume a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Thiringi l. Mercy Mwendwa Kaume a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Meru H.C. Succession Cause No. 185 of 2015 All to share equally (with an option of selling and sharing the proceeds equally or willingly buying each other out at fair market value. All to share equally (with an option of selling and sharing the proceeds Page 9 of 54

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12. Title No. Amwathi/Maua/3180(o.5 844 Ha) 13. Title No. /West/ Uringu (0.623 Ha) Tigania II /718 Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Thiringi l. Mercy Mwendwa Kaume a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Thiringi l. Mercy Mwendwa Kaume a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Meru H.C. Succession Cause No. 185 of 2015 equally or willingly buying each other out at fair market value. All to share equally (with an option of selling and sharing the proceeds equally or willingly buying each other out at fair market value. All to share equally (with an option of Page 10 of 54

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14. 50% of Title No. Meru Municipality/Block 11/29 (0.0465 Ha) Co-owned with Jason Kiambi Kimbui Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Thiringi l. Mercy Mwendwa Kaume a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Thiringi l. Mercy Mwendwa Kaume Meru H.C. Succession Cause No. 185 of 2015 selling and sharing the proceeds equally or willingly buying each other out at fair market value. All to share equally (with an option of selling and sharing the proceeds equally or willingly buying each other out at fair market value. Page 11 of 54

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15. 50% of Title No. Meru Municipality/Block 11/816 & 817 (0.0285 Ha Each) Co-owned with Jason Kiambi Kimbui 16. Title No. Ngobit/Supuko/Block 5/2 (28.14 Ha) a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Thiringi l. Mercy Mwendwa Kaume a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Thiringi l. Mercy Mwendwa Meru H.C. Succession Cause No. 185 of 2015 All to share equally (with an option of selling and sharing the proceeds equally or willingly buying each other out at fair market value. All to share equally. Page 12 of 54

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17. Kianjai Market Plot No. 29A- Kianjai- Tigania West Sub-County (0.015Ha) 18. Kianjai Market Plot No.31- Kianjai- Tigania West Sub-county (0.03Ha) Kaume a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Thiringi l. Mercy Mwendwa Kaume a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Thiringi Meru H.C. Succession Cause No. 185 of 2015 All to share equally (with an option of selling and sharing the proceeds equally or willingly buying each other out at fair market value. All to share equally (with an option of selling and sharing the proceeds equally or willingly buying each other out at fair market Page 13 of 54

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19. 50% of Kianjai Market Plot No. 37- KianjaiTigania West SubCounty (0.03 Ha) Coowned with J. Gichunge 20. 50% of Kianjai Market Plot No. 42- KianjaiTigania West SubCounty (0.07 Ha) Coowned with Joseph Kingori l. Mercy Mwendwa Kaume a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Thiringi l. Mercy Mwendwa Kaume a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Meru H.C. Succession Cause No. 185 of 2015 value. All to share equally (with an option of selling and sharing the proceeds equally or willingly buying each other out at fair market value. All to share equally (with an option of selling and sharing the proceeds equally or willingly buying each other out at fair Page 14 of 54

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21. Kianjai Market Plot No.2B- Kianjai- Tigania West Sub-County (0.03Ha) 22. Kianjai Market Plot No.24Tigania West Sub-County (20X80 Feet) Thiringi l. Mercy Mwendwa Kaume a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Thiringi l. Mercy Mwendwa Kaume a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume Meru H.C. Succession Cause No. 185 of 2015 market value. All to share equally (with an option of selling and sharing the proceeds equally or willingly buying each other out at fair market value. All to share equally (with an option of selling and sharing Page 15 of 54

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k. Nathan Thiringi l. Mercy Kaume Mutuma the Mwendwa proceeds equally or willingly buying each other out at fair market value. 23. Miathene Market Plot No. 11A-MiatheneKianjai Ward-Tigania West SubCounty(0.03Ha) a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Meru H.C. Succession Cause No. 185 of 2015 All to share equally (with an option of selling and sharing the Page 16 of 54

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Thiringi l. Mercy Kaume proceeds Mwendwa equally or willingly buying each other out at fair market value. 24. Title No. Meru /Kianjai Elizabeth Mbeti Kaume / 1498 (0.23 Ha) Absolutel y 25. Isiolo Town Plot No. D77- Isiolo Town, Isiolo County (0.05 Ha) a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Meru H.C. Succession Cause No. 185 of 2015 All to share equally (with an option of selling and sharing Page 17 of 54

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Kaume k. Nathan Thiringi l. Mercy Kaume the Mutuma proceeds Mwendwa equally or willingly buying each other out at fair market value. 26. Isiolo Town Plot No. D78- Isiolo Town, Isiolo County (0.05 Ha) a. Elizabeth Mbeti Kaume b. Florence Karei Bundi c. George Kinoti Thiringi d. Patrick Gitonga Kaume e. Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda and Paul Mwirigi f. Rose Mbaah Kaume g. Jackline Karambu Osman and Douglas Thuranira h. James Kithinji Thiringi i. Lydia Karimi Kaume j. Evangeline Nkirote Kaume k. Nathan Mutuma Meru H.C. Succession Cause No. 185 of 2015 All to share equally (with an option of selling and sharing the Page 18 of 54

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Thiringi l. Mercy Kaume proceeds Mwendwa equally or willingly buying each other out at fair market value. 27. Shares and Stocks Elizabeth Mbeti Kaume held under CDSC ACC No. B02/b0000000873063/L1-0 Any shares and stocks Absolutel 28. Motor Vehicles Elizabeth Mbeti Kaume Registration numbers KNG 603, KAC 049B & KAH 586U Absolutel 29. Proceeds in all Bank Elizabeth Mbeti Kaume Account of the deceased including Barclays Bank of Kenya LTD (ABSA Bank Kenya PLC) - ACC NO. 0134771267- Meru Branch Absolutel Meru H.C. Succession Cause No. 185 of 2015 y y y Page 19 of 54

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5. The consent to confirmation of grant was signed by 10 beneficiaries only, namely; Florence Karei Bundi, Patrick Gitonga Kaume, Joel Baariu Lichoro, Catherine Kendi, Eliud Mwenda, James Kithinji Thiringi, Lydia Karimi Kaume, Evangeline Nkirote Kaume, Nathan Mutuma Thiringi and Mercy Mwendwa Kaume. 6. The Respondents on their part filed their mode of distribution dated 24th October,2025, proposing that the estate be distributed as follows; PROPERTY BENEFICIARY 1. Kianjai Market Rose Kaume Plot no.2B 2. Kianjai Market Plot no.29(a) 1. George Kinoti 2. Forence Karegi 3. Susan Mwonjiru 4. Charity Kinya(Kate ,Kagwiria, Mwenda, Meru H.C. Succession Cause No. 185 of 2015 VALUE OF REMARKS PROPERT Y 1million Has tenantsCommerci al plot 2.5 Has Million tenantsCommerci al plot Page 20 of 54

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Baariu 3. Kianjai Market Eunice Nkatha Plot No.31 4.5 Has Million tenantsCommerci al 4. Kianjai Market Plot No.37(0.03Ha) 1. Mercy 5Million Mwendwa 2. Evangeline Nkirote /Frida Gichunge Owned jointly with Gichunge 5. Kianjai 1. Nathan Has Market Plot No.42 2 Million Mutuma 3 tenants- 2. James Commerci Kithinji al ,owned jointly by N.T.Kaume /J.K.Kingori 6. Kianjai/Kianjai/ 1. Elizabeth 3859(0.67Ha) Kaume plot touches the 2. Eunice Meru/Maua Road Nkatha Meru H.C. Succession Cause No. 185 of 2015 17million Commerci al-cum residential Page 21 of 54

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3. Rose Kaume 4. George Kinoti 5. James Kithinji 6. Nathan Mutuma 7. Mercy Mwendwa 8. Lydia Karimi 9. Susan Mwonjiru 10. Charit y Kinya(Baar iu, Kate,Mwen da,Kagwiri Meru H.C. Succession Cause No. 185 of 2015 Page 22 of 54

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a) 11. Naom i Kananu 12. Evan geline Nkirote 13. Flore nce Karei 7. Miathene Market Mercy Mwenda plot 400,000 Has no.11A tenants- (0.03Ha) Commerci al 8. Miathene Market Plot No. 1. Elizabeth 10.5 Has Mbeti Million. tenants- 1498 (0.23Ha) family 2. Eunice Nkatha family Commerci Each apartmen t al. is Ksh.2.625 3. Mama Meru H.C. Succession Cause No. 185 of 2015 Page 23 of 54

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George’s Million family Each family to get one apartment the remaining apartment to be shared. 9. Kianjai/Kianjai/ 3105(0.36Ha) 1.George Kinoti 2. 1Million Susan Has tenantsCommerci Mwonjiru al 3. Rose Kaume 10. Kaliati Market To be Plot proceeds Meru H.C. Succession Cause No. 185 of 2015 sold 200,000 Vacant plotPage 24 of 54

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No.24- 20 x 80 divided feet 11. among Commerci the 3 families Kianjai/ 1. George al 5 Million Has Kianjai/4471- Kinoti tenants- (0.45Ha)market 2. Florence Commerci touching Maua road Meru Karei al 3. Naomi Kananu 4. Eunice Nkatha 5. Rose Kaume 6. Susan Mwonjiru 7. Charity Kinya Family(Baa riu,mwend a,kate, and Meru H.C. Succession Cause No. 185 of 2015 Page 25 of 54

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Kagwiria’s son mwirigi) 12. Kianjai/ Kianjai/6756 Mercy 700,000 Mwendwa Agricultura l land (0.45Ha) 13. Kianjai/ Lydia Karimi Kianjai/3588 600,000 Agricultura l land (0.74Ha) 14. Kamboo- 1. Elizabeth Miathene L.R No. Kaume Kianjai/Kianjai/3 2. Evangeline 72(14.72 Ha) 15 Million Agricultura l land Nkirote 3. James Kithinji 4. Mercy Mwendwa 5. Nathan Meru H.C. Succession Cause No. 185 of 2015 Page 26 of 54

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Mutuma 6. Lydia Karimi 15. Kianjai L.R To be No. 1884- equally Miathene (5.47 the Ha) 16. shared 9.2 Agricultura among Million l Land 13 beneficiaries Kianjai No. L.R 1. Florence 46Million Agricultura Karei 400,000 l land Kianjai- Mituntu/75(66 2. George acres) Kinoti 3. Susan Mwonjiru 4. Charity Kinya 5. Eunice Nkatha 6. Rose Meru H.C. Succession Cause No. 185 of 2015 Page 27 of 54

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Kaume 7. Naomi Kananu 17. Rwongo Rwa Evangeline Nyanki- Nkirote/Susan Miathene 1.3 Agricultura Million l Land 57.5 Has Million Tenants Mwonjiru Kianjai/Kianjai/2 071(0.75 Ha) 18. Meru 1. Eunice Municipality Block Nkatha 2. Rose II/29(0.0465Ha) 50% Kaume owned 3. Naomi Kaume Kananu and by 50% owned by Kimbui 19. Meru 1. Florence 20.6 Has Karei Million tenants- Municipality Block 2/816 2. George Meru H.C. Succession Cause No. 185 of 2015 50 % is Page 28 of 54

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(7acres) Kinoti owned 3. Susan Kimbui Mwonjiru by Family 4. Charity Kinya 20. Meru 1. Elizabet Municipality h Block Kaume 2/817(7 acres) 2. Evangeli ne Nkirote 20.7Millio Has n tenants 50% is owned by Kimbui Family 3. James Kithinji 4. Mercy Mwend wa 5. Nathan Mutuma Meru H.C. Succession Cause No. 185 of 2015 Page 29 of 54

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6. Lydia Karimi 21. Amwathi/ To Maua/3130Maua Town be shared 90 Million Has equally among EL the SADIQ tenants- 13 Commerci beneficiaries al Hotel(0.5844 Ha) 22. L.R No.289 1.Florence Karei 2.5 Uringu Part (2.014Ha) II 2. Susan Agricultura Million l Land 450,000 No Mwonjiru 3. Nathan Mutuma 4. Charity Kinya(Kate, Baariu, Mwenda, Kagwiria) 23. L.R Susan Mwonjiru Meru H.C. Succession Cause No. 185 of 2015 Page 30 of 54

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No.11/718 remarks Kamaroo Uringu Part II(0.623 Ha) 24. Kianjai/ Kianjai/ 1.Lydia Kaume 4Million Agricultura l Land 2. James Kithinji 4559(2.0Ha) 25. Plot in Isiolo Nathan Mutuma 1.2 No. D77 26. Million Plot in Isiolo James Kithinji No. D78 Undevelop ed Plot 1.2 Million Unde veloped plot 27. Plot in Isiolo Florence Karei used currently by Florence Karei, unknown Unknown Undevelop ed plot number 28. Ngobit- Sell the land 17.5 Rumuruti (Block and proceeds to Million Meru H.C. Succession Cause No. 185 of 2015 Agricultura l land. Page 31 of 54

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5/2) (28.14Ha) be shared among the 13 beneficiaries 29. Kianjai/ 1. Elizabeth Kianjai/2397 2. Kathunka 300,000 Agricultura l Land(jointl y owned with Francis Kiunga) 30. L.R No. Eunice Nkatha 3 Unknown Kianjai/6754(3ac house hold res) and assignees Agricultura l land George Kinoti 7. The 1st Respondent/Administrator, Rose Mbaah Kaume, swore an affidavit on 9th September, 2025 deponing that she and her brother Enos Ntombura are administrators of the estate of their mother, Eunice Nkatha, who died on 5th January, 2023. Meru H.C. Succession Cause No. 185 of 2015 Page 32 of 54

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8. She deposed that her late mother Eunice Nkatha got married to the deceased herein as a second wife under Meru customary law in 1960 and in 1965 they converted their marriage into statutory one by solemnizing the same in the Methodist Church at Kianjai in Meru District. 9. She deponed that her late parents were blessed with 6 children but she is the sole surviving child. 10. That in 1970, the deceased contracted a bigamous marriage with the Applicant herein while his marriage to her late mother was still in force and that by 1975, the year the Applicant claims to have been married by the deceased, she had already given birth to three children, i.e. James Kithinji Thiringi in 1971, Lydia Karimi in 1973 and Evangeline Nkirote in 1975. 11. She asserted that the deceased herein and her late mother never dissolved their marriage until his demise, that the purported divorce proceedings between her parents are an afterthought, do not bear the court’s signature, stamp or seal and that no decree nisi or absolute has been tabled before this court. Meru H.C. Succession Cause No. 185 of 2015 Page 33 of 54

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12. She averred that for various reasons her parents separated but never divorced each other and that despite the heart-rending separation her late mother never remarried though she got other children not of the deceased herein. 13. She deposed that many of the family assets were developed when her parents were together, including buying stocks and shares, putting up buildings, stores and shops that still stand today and that when the deceased travelled to Germany from 1967 to 1968, her late mother single-handedly held everything together by taking care of the family and family investments. 14. She thus averred that it is only fair and just that her late mother’s estate be included in the list of beneficiaries of the deceased estate. 15. In response to the affidavit of Rose Mbaah Kaume, the Applicant, Elizabeth Mbeti Kaume, swore a replying Affidavit on 14th November, 2025. 16. She averred that she was customarily married to the deceased herein in April,1970 and on 24 th October,1975, they solemnized their union after he lawfully dissolved any prior unions. Meru H.C. Succession Cause No. 185 of 2015 Page 34 of 54

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17. She contended that she was married to the deceased for 43 years till his death in 2012 and that she is the only surviving widow. 18. She deponed that prior to their marriage, the deceased had married his first wife the late Beatrice Kinuu in 1954 and together they had five children but she died in 1964 and he thereafter married Eunice Nkatha as the second wife, had two children with her and later divorced her. 19. She deposed that since 1970, she and the deceased worked together to build his estate and they bought many pieces of land. 20. She deponed that she built and managed the estate with the deceased for 43 years and has continued to manage it alone for the past 13 years despite her advanced age. 21. She inter alia stated that the reasons why Eunice Nkatha should be excluded are that she was legally divorced from the deceased in 1974 and that she is dead and her two children, Rose Mbaah and Naomi Kananu whom she sired with the deceased have been included as beneficiaries receiving equal distribution as all the other children of the deceased. Meru H.C. Succession Cause No. 185 of 2015 Page 35 of 54

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22. She asserted that Eunice Nkatha brought nothing to the estate and contended that reference to the birth of her three children after customary marriage in April, 1970 has no bearing to the distribution of the estate because the law treats all children the same. 23. She maintained that the divorce proceedings were duly instituted and concluded as evidenced by the court register confirming the grant of divorce. 24. The Applicant, Elizabeth Mbeti, also filed an affidavit of statement of accounts dated 7 th October,2025 wherein she averred that most of the tenants pay in cash and on an average she collects Ksh.325,000/= per month which she broke down as follows:a. Kianjai Market and its surroundings- Ksh. 75,000/= b. Maua Town- Ksh. 130,000/= c. Meru Town- Ksh.120,000/= 25. She contended that her monthly expenses include the following; a. Electricity- Ksh.10,000/= per month Meru H.C. Succession Cause No. 185 of 2015 Page 36 of 54

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b. Food and monthly household shopping- Ksh. 40,000/= c. Water Pumping and borehole maintenance – Ksh.10,000/= per month d. Fuel- Ksh.10,000/= per month e. Medication and SHA –Ksh.35,000/= per month f. Repairs and Maintenance all over- Ksh.30,000/= per month g. Property rates every year- Ksh.60,000/= h. Workers, watchmen, cleaners and far hand depending on the season Ksh.25,000/= per week and Ksh.100,000/= per month i. Philanthropic activities- Ksh.30,000/= per month j. Nathan Mutuma’s children school fees- Ksh. 150,000/= per term. k. Veterinary and other specialists- Ksh. 20,000//= per month. l. Major annual repairs and replacements- Ksh.300,000/= m. KRA taxes- Ksh.6,000/= per month n. Motor Vehicle Insurance- Ksh.60, 000/= per year. o. Church tithe –Personal Meru H.C. Succession Cause No. 185 of 2015 Page 37 of 54

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p. George Kinoti Stipend- Ksh. 27,000/= per month q. Jackline Stipend- Ksh. 15,000/= per month r. Miscellaneous- Ksh.20, 000/= per month. Total Expediture –Ksh.425, 000/= per month 26. She asserted that KRA has constantly audited the income and allowed her to pay between Ksh.3, 150/= and Ksh.6000/= as rent income tax confirming that indeed there is nothing that comes from the estate. 27. In response, George Kinoti swore an affidavit dated 25 th November 2025, stating that the Applicant’s affidavit failed to properly account for the estate’s income and expenditure, and that they sought expert input to assist the Court in arriving at a fair assessment and just reflection of the estate’s income since the deceased’s demise. 28. He therefore annexed a valuation report by Danco Limited Valuers dated 25th November 2025, showing that the estate has approximately Kshs. 11 million available for distribution to the beneficiaries. Submissions Meru H.C. Succession Cause No. 185 of 2015 Page 38 of 54

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29. The Applicant submitted that the correct beneficiaries of the deceased estate are as listed in the summons herein. 30. She argued that Eunice Nkatha by her ensuing death and divorce is not a beneficiary of the estate. She contended that a divorced wife does not qualify and is not entitled to benefit under intestacy. To buttress her submissions, the Applicant relied on the Administratrix cases of of the [2024] KEHC 14889 (KLR); FEO v ACO (Sued Estate of the as Late CoBPO) JLM vs. JJ – High Court Succession cause No. 82 of 2012 at Kitale; Re Estate of TKG (Deceased) [2014]; eKLRIn re Estate of Fredrick Rephas Omukoko (Deceased) [2025] KEHC 1575 (KLR) 31. Regarding the properties available for distribution in the estate, the Applicant submitted that only property that is proved to belong to the deceased may be included in the estate for purposes of succession. To buttress her submissions, the Applicant cited Section 26 of the Land Registration Act, Adan Chuda Sode v Madina Oshe Jira & another [2021]e Meru H.C. Succession Cause No. 185 of 2015 Page 39 of 54

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KLR & Josephat Kibanya Ngobia & 3 others v Alice Kaguyu Gakuu & 3 others [2014] eKLR. 32. The Applicant therefore submitted that only the properties she identified, verified, and filed should form part of the estate. 33. On the most reasonable and lawful mode of distribution of the estate, the Applicant submitted that the equal and fair mode of distribution of the estate of the deceased is the individual approach to distribution and not the reliance of households given the excessive division among the members of the family. 34. The Applicant argued that being the sole surviving spouse of the deceased pursuant to Section 35 of the Law of Succession Act, she is entitled to all the deceased’s personal and household effects absolutely without limitation or division among the children, and a life interest in the whole residue of the estate. To bolster this position, the Applicant placed reliance on the case of In Re the Estate of D W R [2014] eKLR. 35. The Applicant submitted that the deceased’s children upon eventual determination of her life interest should inherit equally Meru H.C. Succession Cause No. 185 of 2015 Page 40 of 54

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the capital in accordance with Sections 35(5) and 38 of the Law of Succession Act. 36. In urging this Court to order equal distribution of the estate among the deceased’s children, the Applicant referred this court to the cases of Rono v Rono & another [2005] KECA 326 (KLR) & In re Estate of Monica Wamaitha Kihara (Deceased) [2025] KEHC 16423 (KLR). 37. The Applicant proposed that each child receives an equal share of the estate with her being regarded as an additional unit; that where properties are indivisible, they be sold and the proceeds shared equally; and that liquid assets, including bank balances, be transferred to her as part of her life interest absolutely. Issues for determination 38. The following issues were agreed upon by the parties as the issues to be determined by this court; Meru H.C. Succession Cause No. 185 of 2015 Page 41 of 54

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a. The status of Eunice Nkatha and if she has a right to inherit. b. The distribution of the undisputed assets. c. The status of disputed assets and if available for distribution. Analysis 39. It is the applicant’s case that Eunice Nkatha was married to the deceased as a second wife, but that she and the deceased permanently separated in January 1970 and was subsequently legally divorced in 1974. In proof thereof, the Applicant annexed copies of Meru CM Divorce Cause No. 2 of 1974, proceedings and certified extracts of the court register. 40. The respondents on their part asserted that the deceased and Eunice Nkatha never legally dissolved their marriage prior to the deceased’s demise, and that the purported divorce proceedings are an afterthought, devoid of the court’s signature, stamp, or seal, and unsubstantiated by any decree nisi or decree absolute duly issued by the court. Meru H.C. Succession Cause No. 185 of 2015 Page 42 of 54

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41. I have gone through the annexures relied upon by the Applicant. The court extract reflects the year 1974 and includes the deceased and Eunice Nkatha among the listed parties, but the remarks section simply read “orders as prayed,” with no clarity on the specific orders granted. 42. As regards to the said divorce proceedings, the same are not duly certified. In fact my sister, Hon. Justice A. Ong’injo, in her ruling dated 27.4.2017 in respect to the said divorce proceedings, made the following observation:“The annexed copy of proceedings in Divorce Cause No.2 of 1974 is not certified so that the court can take note of them as authentic and it is therefore necessary that evidence is called to prove that the divorce which 4th Petitioner has claimed took place. 4th Petitioner has a right to be heard as the matter to verify the authenticity of the proceedings” 43. I have also seen a letter by the Judiciary dated 3 rd October, 2025 stating that records related to the aforementioned Divorce cause are untraceable. 44. As it stands, the said divorce proceedings cannot be relied upon. It is trite that he who alleges must prove, and it was Meru H.C. Succession Cause No. 185 of 2015 Page 43 of 54

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therefore incumbent upon the Applicant, being aware of this legal burden, to place before the court cogent evidence in support of her position. In the absence of such evidence, there is nothing to show that the deceased divorced Eunice Nkatha prior to his demise. 45. Section 29 (a) of the Law of Succession Act states that a dependant means the wife or wives, or former wife or wives, and the children of the deceased whether or not maintained by the deceased immediately prior to his death. 46. Section 40 of the Law of Succession Act stipulates that: (1) Where an intestate has married more than once under any system of law permitting polygamy, his personal and household effects and the residue of the net estate shall, in the first instance, be divided among the houses according to the number of children in each house, but also adding any wife surviving him as an additional unit to the number of children. Meru H.C. Succession Cause No. 185 of 2015 Page 44 of 54

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(2) The distribution of the personal and household effects and the residue of the net intestate estate within each house shall then be in accordance with the rules set out in sections 35 to 38.” 47. Then section 35 (5) of the Act states as follows; (5) Subject to the provisions of sections 41 and 42 and subject to any appointment or award made under this section, the whole residue of the net intestate estate shall on the death, or, in the case of a widow, re-marriage, of the surviving spouse, devolve upon the surviving child, if there be only one, or be equally divided among the surviving children. 48. It is agreed that Eunice Nkatha died on 5th January, 2023. The 1st Respondent, Rose Mbaah Kaume and her brother Enos Ntombura are personal representatives of her estate by dint of letters of administrations ad litem issued to them on 28 th August, 2023. Meru H.C. Succession Cause No. 185 of 2015 Page 45 of 54

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49. In this case, the interest Eunice Nkatha in the estate was that of a spouse. Such interest cannot be equated to her own/ personal estate. Her interest in the estate herein terminated upon her death and her interest reverted to the estate of the deceased and not her estate. That is what section 35(5) of the Act stipulates. 50. Therefore, the administrators of the estate of Eunice Nkatha have no business in claiming any share on behalf of her estate. They can only deal with her personal estate but not her interest as a spouse to the deceased, which is now extinguished. 51. A finding to the contrary would create a legal and social problem. It would allow siblings of a spouse to meddle into matters that don’t concern them. The degree of consanguinity is well set out by the law. 52. Having stated the above, it is necessary to reiterate that the status of the children of the deceased with Eunice Nkatha, including . They are, by law are entitled to a share of the Meru H.C. Succession Cause No. 185 of 2015 Page 46 of 54

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estate. They do not lay a claim through their mother but as children of the deceased. 53. In light of the above, I find that Eunice Nkatha was a second wife of the deceased herein but her interest as a spouse was extinguished upon her demise. The interest reverted to the estate. 54. That said, I would also hasten to add that it is only the children of Eunice Nkatha with the deceased that stand to benefit from the estate. Therefore, if she bore other children elsewhere, then those children are not considered to be children of the deceased. 55. The parties seem to be in agreement as to the children of the deceased, including those he had with Eunice. I find that these children are the ones entitled to the estate. 56. In concluding this issue, it is my finding that the persons entitled of the estate are all the children of the deceased and the surviving widow. Meru H.C. Succession Cause No. 185 of 2015 Page 47 of 54

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57. Having dealt with the elephant in the room, I will now move to the next issue, the identification of the assets available for distribution and the distribution thereof. 58. I note that the undisputed assets of the deceased are twenty-nine (29) in number as set out by the Applicant in the aforementioned affidavit in support of the summons herein. There are supporting documents on record demonstrating that the listed assets belonged to the deceased. 59. However, regarding the Shares and stocks held under CDSC ACC. No.BO2/B- 0000000873063/LI-0B & any other shares and stocks; proceeds in all bank of Kenya Ltd (ABSA Bank Kenya PLC) Acc No. 013771267-Meru Branch; & Motor Vehicles Registration Nos. KNG 603, KAC 049 B & KAH 586U, I note that their status and ownership details have not been availed in compliance with this Court’s orders issued on 6 th August, 2025 60. In relation to the estate’s accounts, the 2 nd Respondent annexed a valuation report by Danco Limited dated 25.11.2025 Meru H.C. Succession Cause No. 185 of 2015 Page 48 of 54

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indicating that Kshs. 11 million is available for distribution, which position is uncontested. 61. I have also noted the Applicant’s contention that she significantly contributed to the development of the estate, visà-vis the 1st Respondent’s assertion that that Eunice Nkatha, upon marriage, took care of the deceased’s first wife’s five children and assumed the onerous burden of combining motherhood with the growth of the family business. 62. However, distribution in polygamous estates is guided by the provisions of Section 40 of the Act and not the subjective or proportional contribution of the parties to the marriage. 63. Therefore, guided by the provisions of Section 40(1) of the Law of Succession Act, the estate herein ought to be distributed equally amongst the children of the deceased and the surviving widow as an additional unit. 64. The principles applicable were expounded in the case of Rono vs Rono Civil Appeal No. 66 of 2002, where Waki J.A. stated inter alia that;Meru H.C. Succession Cause No. 185 of 2015 Page 49 of 54

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“More importantly, section 40 of the Act which applies to distribution the of estate the net makes estate provision to for the “houses according to the number of children in each house, but also adding any wife surviving the deceased as an additional unit children.” A “house” in to the number a polygamous setting of is defined in section 3 of the Act as a “family unit comprising a wife and children of that wife.” 65. In the case of Esther Wanjiku Burugu vs Margaret Wairimu Burugu Civil Appeal No. 319 of 2002, the Court of Appeal sitting in Nakuru observed that the provision does not state that the division of the estate must be equal and that it specifically states that although the distribution of the estate of a polygamous person is in the first instant to be among the houses, it nonetheless specified that that would be done according to the number of children in each house. 66. In Re Estate of John Musambayi Katumanga – Deceased [2014] eKLR the court held as follows: “The spirit of Part V, especially Sections 35, 38 and 40, is equal distribution, of the intestate estate amongst the children of the deceased. There have been debates on whether the distribution should be Meru H.C. Succession Cause No. 185 of 2015 Page 50 of 54

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equal or equitable. My reading of these provisions is that they envisage equal distribution for the word used in Sections 35(5) and 38 is ‘equally’ as opposed to ‘equitably’. This is the plain language of the provisions. The provisions are in mandatory terms – the property “shall … be equally divided among the surviving children.” Equal distribution is envisaged regardless of the ages, gender and financial status of the children.” 67. The estate of the deceased is survived by one widow and twelve children, four of whom are deceased. The share of the deceased children will be by law be taken up by their own children where applicable. 68. In light of the above provision of the law, the authorities and taking into account the parties’ respective modes of distribution and the value and acreage of the undisputed assets, I find that it is just and equitable for the undisputed properties to be shared equally among all beneficiaries. 69. Now, it is a matter of judicial notice that some beneficiaries may be occupying certain portions of the estate. it is important that there is minimal disturbance to such beneficiaries. Meru H.C. Succession Cause No. 185 of 2015 Page 51 of 54

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However, without much information coming from the parties, I would be making a blind guess in determining who gets what. 70. In my view the best way forward is for the parties to sit and now agree on what each beneficiary will take up, guided by what I have stated above. They shall be guided by the following directions; a) All the beneficiaries including the surviving widow, shall benefit equally from the estate. b) The matrimonial home and the land thereon shall be distributed to the surviving widow. c) Any beneficiary who wishes to take up a particular property, and there is no objection shall be allowed to take it up, but subject to consideration of its value when being apportioned any other property. d) Two or more beneficiaries may also take up one property, subject to the same terms as (b) above. e) In the event that there is any property that is incapable of sub-division or any that the parties agree to dispose of, then they should inform the Meru H.C. Succession Cause No. 185 of 2015 Page 52 of 54

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court for issuance of orders for such disposal, and in that case the parties will share such proceeds equally. f) As for the money in the bank, the same should be shared equally among all the beneficiaries. 71. With respect to Shares and stocks held under CDSC ACC. No.BO2/B- 0000000873063/LI-0B & any other shares and stocks; proceeds in all bank of Kenya Ltd (ABSA Bank Kenya PLC) Acc No. 013771267-Meru Branch; & Motor Vehicles Registration Nos. KNG 603, KAC 049 B & KAH 586U, distribution thereof shall be held in abeyance until the requisite documents are furnished. 72. As regards the disputed assets, I concur with the Applicant’s view that they do not form part of the estate and are unavailable for distribution. However, if proven otherwise, then they shall also be distributed as outlined above. 73. Other orders shall follow once the parties have complied with the above directions. 74. Orders accordingly. Meru H.C. Succession Cause No. 185 of 2015 Page 53 of 54

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Dated, signed and delivered at Meru this 30th day of April, 2026. H. M. NYAGA JUDGE Meru H.C. Succession Cause No. 185 of 2015 Page 54 of 54

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