REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI SUCCESSION CAUSE NO. 454 OF 2007 IN THE MATTER OF THE ESTATE OF THE LATE JOHN WANG’OMBE GICHUHI Alias JOHN WANG’OMBE FERICHE GICHUME (DECEASED) ANGELICA WANJIKU KARANJA .........................................................APPLICANT VERSUS MARY WAITHERA ............................................................................. RESPONDENT AND MARGARET WANJIRU WAMBUGU ......................................................PROTESTOR RULING The protest is against the confirmation of grant. It is filed by Margaret Wanjiru Wambugu. The protestor alleges to have been married to Simon Gichuhi Wangombe a son to the Deceased John Wang’ombe Gichuhi. The protestor had petitioned for letters of administration in Nakuru High Court Succession Cause No. 91 of 1994. After issuance of letters of administration, she made a follow-up of payment of pension which was duly allowed. It is her contention that the applicant Angelica Wanjiku Karanja is a stranger to the Estate of the Deceased. That the applicant during the lifetime of the Deceased never set foot on LR TETU/MUTHUANI/1082. Further it is her contention that Florence Wanjiru Mwaniki is a granddaughter to the Deceased and her mother Mary Waithira. That during the petition of letters of administration her mother-in-law (Deceased) listed the beneficiaries of the Estate as; a) Veronica Muthoni Wang’ombe (mother in law (Deceased) b) Mary Waithera - Daughter HIGH COURT SUCCESSION CAUSE NO. 454 OF 2007 1
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c) Angelica Wanjiku Karanja That the documents produced by the protestor in support of her claim are not genuine. That the Deceased was survived by the three (3) named beneficiaries aforementioned. Further, the late Veronica Muthoni Wang’ombe (Deceased) was issued with letters of administration on 4th April, 2008 and which grant was confirmed on 6th February, 2009 but she died on 24th July, 2018 without completing the process. The Deceased is said to have left the following assets; a) LR. No. GILGIL/KARUNGA BLOCK 2 (175) CHOKERERIA. b) LR. No. TETU/KARUNGA/BLOCK 2/174 c) LR. No. TETU/MUTHAINI/1082 d) A plot in CHOKERERIA Her proposed mode of distribution is that the four listed properties be distributed between the two beneficiaries; Mary Waithera – daughter and Angelica Wanjiku Karanje – daughter in law in equal shares. Issue for Determination a) whether the protestor was a wife of the son of the Deceased according to Gikuyu customary laws? The protestor contends that from the marriage with the son of the Deceased, they had been blessed with four (4) children namely; 1) Millicent Nyawira Gichuhi 2) John Wangombe Gichuhi 3) Edwin Wambugu Gichuhi 4) Mark Mwangi Gichuhi She has attached their birth certificates as annextures. She has also attached a payment voucher in respect of defendant pension arrears indicating that she was the one who was paid. She also has attached numerous photographs. Photograph ‘A’ allegedly taken in the year 1997 showing the Deceased, the applicant and family members. Same with photograph marked ‘B’. HIGH COURT SUCCESSION CAUSE NO. 454 OF 2007 2
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Photo ‘C’ allegedly showing the respondent Mary Waithera, the applicant’s son Richard Wang’ombe and the applicant at Gilgil Home in the year 1996. Photo ‘E’ allegedly taken in 2000 during the applicant’s dowry presentation in Gatundu. Same with photographs ‘E’, ‘F’. Photo ‘G’ taken in Hola showing the applicant and the late Simon Gichuhi Wang’ombe. Also attached are several letters between the applicant and the Deceased son Simon. Attached as an annexture and produced as exhibit is a note showing the schedule of dowry payment dated 14th October, 2000. On 25th May, 2021 the protest was partially compromised and a consent partial judgment entered to the effect that; ‘’The protest dated 10th compromised as follows; November, 2020 is hereby partially i. GILGIL/KARUNGA BLOCK 2 175 CHOKERERIA to be distributed as proposed in paragraph 22 of the further affidavit of Angelica Wanjiku Karanja. ii. GILGIL/KARUNGA BLOCK 2 175 to be distributed in terms of the aforesaid paragraph 22 of the further affidavit. iii. The application for confirmation of the grant be partially allowed. iv. The other two remaining properties TETU/MUTHUAINI/1082 and PLOT IN CHOKERERIA to proceed to hearing and determination. It is noted that this matter was later referred to court annexed mediation which was not successful and there was an attempt to rescind the partial consent earlier entered. From the evidence adduced in court and the pleadings I am satisfied that the applicant was a wife of Simon Gichohi who was the son of the Deceased. She was married under Kikuyu customary law and this fact does not seem to be seriously contested. HIGH COURT SUCCESSION CAUSE NO. 454 OF 2007 3
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On the issue of distribution of the properties. In respect of LR. No. GILGIL/KARUNGA BLOCK 2 (175) CHOKERERIA and LR. No. GILGIL/KARUNGA BLOCK 2 (174) it was to be shared between the two surviving beneficiaries of the Estate and the applicant in accordance with paragraph 22 of the further affidavit as per the consent. I am of the considered view that in regard to the two other properties LR. No. TETU/MUTHUAINI/1082 and PLOT IN CHOKERIA they too should be distributed in terms of paragraph 22 of the further affidavit of ANGELICA WANJIKU KARANJA. The upshot is that the grant of letters of administration dated 24th August, 2021 be confirmed as prayed in the further affidavit aforesaid. The application has merit and it is hereby allowed. RULING DELIVERED this 20th day of May, 2026. _____________________________ MARTIN M. MUYA JUDGE In the Presence of: Nanjala – For the Respondent Court assistant – Isack Molu HIGH COURT SUCCESSION CAUSE NO. 454 OF 2007 4
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