Gladys Wanjiku Wambugu v Paul Ngatia Mathai & 1 other

4. 1. LR. No. Mahiga/Kihome/92 be shared equally amongst the children of the three (3) i.e Wangui Wambugu, Wangeci Muthui and Gladys Wanjiku Wambugu. 2. LR. No. Laikipia/Marmanet/Siron Block1 (Subuku) 125 to be shared equally amongst the children of Wangui Wambugu and Wangeci Wambugu. 3. LR. No. Laikipia/Marmanet/Siron/Block 1. (Subuku) to be transferred to Gladys Wanjiku Wambugu. 4. LR. No. Laikipia/Marmanet/Siron Block 1 (Siron) 66 to be transferred to Gladys Wanjiku Wambugu. Basically, the main issue is the distribution of LR. No. Mahiga/Kihome/92 and LR. No. Laikipia/ Marmanet/Siron Block1 (Subuku) 125 Issues for Determination 1. Whether the protestors are entitled to a share of the Estate of the Deceased? 5. The protestors are the children of the daughters of the Deceased in other terms they are the grandchildren of the Deceased. 6. Section 29 of the Law of Succession Act defines a dependant in the following manner; a. 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. b. Such of the deceased parents, step-parents, grandparents, grand children, step-children, whom the deceased had taken into his family as his own, brother and sisters and half-sisters and halfbrother, as were being maintained by the deceased immediately prior to his death, and c. Where the deceased was a woman, her husband if he was being maintained by her husband if he was being maintained by her immediately prior to her death. 7. It is the contention of the protestors that they need not prove the fact of dependency as they are seeking the share of the Estate of the deceased that was due to their late mothers. 8. The protestors place a chance on the case of the Estate of Joyce Kanjiru Njiru (deceased) (2017) eKLR where it was held; ‘The second consideration is whether the grand children are entitled to inherit the deceased’s Estate. From the definition of dependants under section 29 of the Law of Succession, the spouses and the children of the deceased have priority to inherit the Estate of the deceased. The grandchildren and others can inherit if they were being maintained by the deceased prior to her death. In the present case, the two (2) children are not claiming interest as dependants but are claiming the interests of their respective parents who are now deceased. My view is that, the children are entitled to inherit the share which their deceased parents would have inherited. 9. The protestors case is that they are entitled to share the Estate of the deceased as they are stepping on the shoes of their deceased mothers notwithstanding the fact that they have inherited properties belonging to their deceased parents. 10. It is their contention that the applicant had not acquired any rights over the properties of the Estate as there is no evidence that the deceased had bequeathed the properties to the applicant by way of a gift https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11775/eng@2026-03-02 2

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intervivos or Mortis Causa. There is also no evidence of a written Will. The protestors prayer is that their mode of distribution be taken as a just and fair one to all the beneficiaries. 11. The petitioner/applicant has testified that LR. No. Mahiga/Kihome/92 was given to her mother by clan elders and before she passed on, she handed over her property in the form of land parcels and title deeds to her. Further that she has been in sole occupation and has been utilizing the land by planting tea bushes which form the main source of her family’s livelihood. 12. It is common ground that the deceased Kagure Wambugu died on 12th June, 1998. 13. Her daughter Eunice Wangui Wambugu died on 18th December, 1976. 14. The other daughter Ruth Wangeci Muthui died on 30th December, 2015. 15. The applicant/petitioner herein is the surviving daughter. 16. The court notes that for close to 17 years Ruth Wangeci Muthui did not file succession proceedings in regard to her mothers’ inheritance. 17. The initial succession proceedings were filed by one OSCAR KING’ETIAH MAINA who was indicated in the Chief’s letter as the surviving rightful heir of the Estate. 18. The letters of administration were later confirmed and the petitioner herein filed an application by way of summons for revocation of the grant. 19. The grant was later revoked and or annulled by this court. 20. There is no evidence to the effect that the other daughters of the deceased had the intention of filing succession proceedings as regards the deceased Estate. 21. It is the petitioner who resided with the deceased till her death in the year 1998. 22. The applicants are grandchildren of the deceased. They have not shown that they were being maintained by the Deceased prior to her death. Their claim is not based on dependency but in respect to their deceased parents. 23. It is these deceased parents that the court has noted and observed that during their lifetime, they did not exhibit any hereditary interests in their (Deceased) mothers Estate. 24. The petitioner did testify that the deceased had declared that she should inherit all her properties. This evidence is land credence by the fact that she resided with the Deceased from childhood till the death of the Deceased and the fact that the title deeds to the Deceased’s properties were left in her custody. 25. From the evidence adduced before the court, I am not satisfied that the applicants have sufficiently proved that they are entitled to a share of the Deceased Estate. They are not alone in having made an attempt to inherit their grandmother Estate as exemplified by the failed attempts by one Oscar King’etiah Maina. 26. This protest has no merit and it is disallowed. RULING DATED AND DELIVERED THIS 2ND DAY OF MARCH, 2026. .................. MARTIN M. MUYA JUDGE In the Presence of: https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11775/eng@2026-03-02 3

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Court assistant – Isacko https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11775/eng@2026-03-02 4

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