REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI SUCCESSION CAUSE NO. E001 OF 2022 IN THE MATTER OF THE ESTATE OF CHARLES MURIITHI KARAGO (Deceased) JANE MURIITHI APPLICANT PETER MURIITHI APPLICANT MURUGI ............................................................................1 ST MAINA ............................................................................2 ND VERSUS JECINTA WANGUI MURIITHI ...........................................................................PROTES TER RULING The protest is by way of an affidavit dated the 30th day of June 2023 by Jecinta Wangui Muriithi a daughter of the Deceased. The applicants are Jane Murugi and Peter Maina a step mother and brother of the Protestor respectively. The protest is on the mode of distribution as regards land parcel No. Nyeri/Mweiga/375. It is proposed that the said portion of land be shared equally among all the beneficiaries with the wives of the Deceased being counted as a unit. The 1st applicant is of the view that the said parcel of land be sub-divided in equal shares between the two (2) houses. This parcel of land measures 50 acres. The 1st house has six (6) dependants whereas the 2 nd house has four (4). The first applicant who is the step mother of the protestor in her witness statement prays that the summons for confirmation of grant dated 15th May, 2023 be allowed as prayed and that distribution be done in accordance to the two houses instead of between the beneficiaries. The protestors main issue is the distribution of the parcel of land Nyeri/Mweiga/375 to be done in accordance to the two houses and not equally among all the beneficiaries. Section 40(1) of the Law of Succession Act provides; ‘where all intestate has married more than once under any system of law permitting polygamy, his personal and household effects and the residue of the not intestate estate shall, in the first instance, be divided SUCCESSION CAUSE NO. 102 OF 2011 1
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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’. The distribution of the personal and household effects and the residue of the not intestate within each house shall then be in accordance with rules set out in sections 35 to 38’ All the beneficiaries of the Estate of the deceased apart from the protester herein had agreed on the mode of distribution in the application for summons of confirmation of grant of letters of administration. The gist of the protest revolves around the first wife Grace Wamuai Kibuka who is said to be mentally incapacited. It had been agreed that the protestor and her brother Peter Maina who is a co-administrator hold 50% of the Estate on behalf of their mother. It is the applicant’s contention that the protestor Jecinta Wangui was given LR. No. 7623/135 in half share so as to take care of her mother because of her health condition. It is therefore not correct for the protestor to state that her mother was not treated fairly in the distribution of the Estate. It is not in dispute that the first wife left the family in 1981 and returned in the year 2006 a period of two decades and had left behind the 2 nd wife who took care of her children and those of the 1st wife as hers. Bearing in mind that all the other assets of the estate have been shared equally among the houses in the ratio of 50:50 and also taking into consideration the earlier agreements between the beneficiaries and the peculiar circumstances surrounding this case, I find no merit on the protest and find that the initially agreed mode of distribution to be just and fair. RULING READ and DELIVERED virtually this 11th day of February, 2026. _____________________________ MARTIN M. MUYA JUDGE In the Presence of: Mrs. Njuguna for Respondent Court assistant – Kinyua SUCCESSION CAUSE NO. 102 OF 2011 2
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