Ruth Njeri Muiruri v Allan Mwangi Muirui & 3 others

2. The deceased left as part of his intestate, the following properties; 1. Elbergon/ Turi Block XXXX Ha 2. Elbergon / Turi Block XXXX Ha 3. Plot no. XX at Landi Trading Centre vide mm no. 56/2005 Approx 20x60 ft 4. Plot no. XX at Turi Approx 50 x 100ft 5. Plot no. XX KCC Molo Township 6. Mau summit /Molo Block XXXX (Mutirithia) Approx. 0.0476 Ha 7. Elbergon Turi block XXXX (Ndenderu) Approx. 0.596 Ha 8. Nakuru Municipality block XXXX Approx. 0.3 Ha 9. Nyandarua /Muruai /XXXX Approx. 0.203 ha 10. Nyandarua Mutonyora/XXXX Approx 0.046 Ha 11. Nakuru Municipality plot XXXX 12. Plot no. XXXX within LR No. XXX Kasarani Approx. one share 13. Githunguri/ Kiairia/T.XX Approx. 0.22 acres 14. Githunguri/ Kiairia/XXXX Approx. 1 .3 acres 15. Nairobi /block XXXX Approx. 0.1671 Ha 16. Nairobi /block XXXX Approx. 0.1473 Ha 17. Nairobi /block XXXX Approx. 0.473 Ha 18. Nairobi block XXXX Approx 0.1473 19. Plot no. A.XXXX 20. Plot no. XXXX certificate no. XXXX (lower Njiru Jua Kali association) 21. Plot no. XXXX Cert no. XXX (lower Njiru Jua kali association) 22. Plot no. XXXX certificate no. XXXX (lower Njiru Jua Kali association) 23. Plot no. XXX Hurlingham squatter Development cert no. XXXX 24. Plot no.XXXX Hurlingham squatter development cert no. XXXX 25. Plot no. XXXX Saikoma self Help Group certificate no. XXXX 26. L.R XXXX Laikipia Cert no. XXXX Karimbura investments squatters co Ltd 3 shares; member Reg No. XXX 26. Plot No. XX Ballot no. XXX (Unity Self Help Group) 27. Plot No. XXX Plot on I-R XXXX (Njiru Town near DC's office) https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5807/eng@2026-04-30 2

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28. Plot No. D-XXX in Mathare valley estate 29. Title no. LR.XXXX Approx. 00085 Ha 30. Title no. LR XXXXto 98394 house No. D. 14/6 3. On 27/4/2023 Ruth Njeri Muiruri (widow) Peter Karanja Muiruri and Alice Njoki Muiruri filed petition for letters of administration intestate. On 5th February 2024 the grant of letters of administration was issued to Ruth Njeri Muiruri, Peter Karanja and Alice Njoki as administrators. On 8th October 2024 administrators filed amended Summons for confirmation and annexed therewith the schedule of distribution 4. Peter Karanja Muiruri filed an affidavit of protest to the Summons dated 17th February, 2025 5. This Court directed that the Summons for confirmation and protest be heard together by way of viva voce evidence. Ruth Njeri Muiruri testified she is the wife of the deceased having been married in 1973. They had seven children but one Nancy Nyambura is deceased. The surviving children are: 6. Allan Mwangi, Lawrence Gathungu, Susan Wanjiku Simon Njehia, Peter Karanja and Alice Njoki. The deceased had 31 parcels of land, shares in 7 Companies, cash in three banks, 3 motor vehicles and Pension funds in two organizations. 7. Ruth testified that deceased and her had rental properties and in her distributions she has given the children 50% and retained 50% for herself. She gave her justification for their proposal that she had contributed to the acquisition of the properties. She also stated that she is 70 years old suffering from arthritis and needs funds for medical care. She informed the court that she needs to be financially independent as the children do not assist her. She testified that the children are in income generating activities. Susan works with Kenya power where Lawrence also works. Allan is a farmer and Peter does business. 8. She testified that her proposed mode of distribution is supported by Allan and Alice and aligns to what the deceased wanted. 9. On being cross examined by Mulwa for the protestor, she testified that Plot number XXXX Saikoma self-help group had been bought by the deceased who gave it to Alice; she also confirmed that she received pensions from Kenya power where the deceased used to work. She confirmed she had rejected the protester’s proposal that she gets only 35%. 10. Peter Karanja Muiruri the 2nd administrator and protester gave evidence. He testified that Ruth is the biological mother and deceased was his father. He had filed his proposed mode of distribution in respect of the 31 properties left by the deceased. His proposal is supported by Allan Mwangi, Lawrence Gathungu and Susan Wanjiku. He testified that during his lifetime the deceased had gifted properties to Lawrence, Peter and Alice. 11. He has perused the proposal by Ruth and disputes distribution on rental income, cash and shares. He proposed that on rental income Ruth receives 35% and the children share 65%. On cross-examination by Wambui for Ruth, he confirmed the deceased gifted him some properties. He confirmed he is an IT expert and operates a club which the deceased used to run as a business. He also confirmed that he has in his possession a motor vehicle. The rental income is approximately 600,000/- per month. 12. The court has considered the pleading and evidence adduced. From the evidence, it is not contested that the deceased died on 5th February 2024. It is also not in dispute that he did not leave behind a Will. There is no dispute on the number of dependants of the deceased and therefore beneficiaries. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5807/eng@2026-04-30 3

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What is in dispute is the mode of distribution. Ruth Muiruri the widow has filed her preferred mode of distribution. Peter Karanja Nairobi the protestor has also filed his preferred mode of distribution which is supported by 4 of the beneficiaries. 13. I have considered Summons for confirmation, the affidavit of protest and evidence adduced. The responsibility of Administrators in Summons for. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5807/eng@2026-04-30 4

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NAME DESCRIPTION PROPERTIES OF Ruth Njeri Muiruri 1. Nairobi /Block XXXX SHARE OF HEIRS Absolutely 2. Plot No.XXXX at Turi Centre 3. House in Ruai Nairobi/ Block XXXX 4. House in Turi Ndenderu; LR No. Elburgon /Turi XXX 5. Motor vehicle KCC XXXX 6. Cash held in equity bank joint Account No. 1440183221871 7. KPLC Pension 8. Kenya police pension Lawrence Gathungu Muiruri 1. Nairobi /Block XXXX Absolutely Peter Karanja Muiruri 1. Nairobi /Block XXXX Absolutely 2. Motor XXXX Allan Mwangi Muiruri Vehicle KAM 1. Mau summit/Molo block Absolutely 1/381 (Mutirithia) confirmation is to demonstrate to court that they have distributed all the assets of the estate to all the beneficiaries. They must also demonstrate that the distribution is fair and equitable. I have considered the preferred mode of distribution of Ruth the widow and Peter the protester I hereby distribute the estate of the deceased Joseph Muiruri Ndonye as here under: 2. Motor Vehicle KVK XXXX https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5807/eng@2026-04-30 5

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NAME DESCRIPTION PROPERTIES Ruth Njeri Muiruri, 1. Plot No. XXXXX within L.R No XXXX Kasarani Allan Mwangi Muiruri, Lawrence Gathungu Muiruri Simon Njihia Muiruri Susan Waniiku Muiruri Alice Nioki Muiruri Peter Karanja Muiruri OF 2. Plot No XXXX part of I-R 10390/5 Njiru town near DC's office 3. Title No LR XXXX To XXXX. D.14/6 Huruma 4. Plot No Al XXXX .... Serial No. XXXX Mathare Redevelopment Project SHARE OF HEIRS Ruth Njeri Muiruri to receive 50% of the net rent. 50% of the net rent to be shared equally by: Allan Mwangi Muiruri, Muiruri Lawrence Gathungu, Simon Njihia Muiruri, Susan Wanjiku Muiruri Alice Nioki Muiruri Peter Karanja Muiruri. Ex grogan 5. Plot No XXXX Saikoma Self Help Group. Cert No. XXXX 6. Plot No. Hurlingham XXXX Squatter Development Cert No XXXX. 7. Plot no. D-13/6 in Mathare valley 8. Plot No. XXXX Certificate No XXXX Lower Njiru Jua Kali Association. 9. Plot No. XXXX 10. Plot No. XXXX 11. Plot No. XXXX Susan Wanjiku Muiruri Nyandarua/Mutonyora/ XXXX Absolutely Simon Njihia Muiruri Plot No 16 MoloTownship Absolutely Alice Njoki Muiruri Nyandarua/Muruai/2431 Absolutely Susan Wanjiku Muiruri Elburgon/Turi (Ndenderu) Equally KCC XXXX https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5807/eng@2026-04-30 6

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Alice Njoki Muiruri https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5807/eng@2026-04-30 7

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NAME DESCRIPTION PROPERTIES OF SHARE OF HEIRS Allan Mwangi Muiruri Ndenderu Equally Githunguri/ Kiairia/5XXXX Equally Ruth Njeri Muiruri, 1. Nakuru Municipality AllanMwangi Muiruri Block XXXX The assets to be sold and proceeds shared equally Lawrence Gathungu Muiruri 2. Nakuru Municipality Simon Njihia Muiruri Block XXXX Susan Waniiku Muiruri 3. Githunguri/Kiairia/T.XXX Alice Nioki Muiruri 4. LR XXXX- Laikipia Cert Peter Karanja Muiruri No.XXXX Lawrence Gathungu Muiruri Simon Njihia Muiruri Peter Karanja Muiruri Grandchildren Muiruri named 5. Karimbura Investments Squatters Co. Ltd. # Shares registration Member No. XXXX 6. Plot No. XXXX Hurlingham Squatter Development Cert No 146 7. Plot No. XXXX at Landi trading Centre vide MinNo XXXX Ruth Njeri Muiruri, AllanMwangi Muiruri Lawrence Gathungu Muiruri 1. Cash at Equity bank account number 015XXXX, Stima Sacco, Susan Waniiku Muiruri National Bank account number 01XXXX Cooperative Bank Alice Nioki Muiruri (chama). Peter Karanja Muiruri 2. Shares held in the name of the deceased for Standard Chartered Bank, Kenya Commercial Bank, Access Simon Njihia Muiruri https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5807/eng@2026-04-30 Ruth Njeri 50% To Share 50% Equally at 8

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Kenya, Kengen, Safaricom and Stima Sacco. DATED AT NAIROBI THIS 30TH DAY OF APRIL, 2026 ………………… S. N. RIECHI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5807/eng@2026-04-30 9

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