REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI SUCCESSION CAUSE NO. 48 OF 1999 IN THE MATTER OF THE ESTATE OF HENRY KIRAGU MUGO (Deceased) INTESTATE MORRIS KIMATHI KIRUHI ...........................................................................1 ST APPLICANT MARGERY NDUTA ....................................................................................2 ND APPLICANT REWEL KING’ORI KIRAGU ........................................................................3 RD APPLICANT HENRY KIMATHI KIRAGU ..........................................................................4 TH APPLICANT RULING 1. Succession Cause No. 48 of 1999 (under section 47 of the Law of Succession Act and rule 73 of the Probate Rules) 2. It seeks the following orders; 1. That in Succession Cause No. 48 of 1999 the Honourable Court be pleased to substitute the names of the then proposed administrators being MORRIS KIMATHI KIRAGU, GRISHON KIRUHI KIRAGU and JEWEL KINGORI KIRUGU with HENRY KIRAGU KIMATHI, MORRIS KIMATHI KIRUHI and MARGERY NDUTA, save for REWEL KINGORI KIRAGU whose name is to be retained. 2. That this Honourable Court be pleased to issue a grant of letters of administration intestate and the certificate of confirmation of grant intestate to the aforementioned proposed four (4) administrators. 3. The grounds are; a) That the said Grishon Kiruhi Kiragu one of the earlier proposed administrators is now deceased and in his stead to be replaced by his son MORRIS KIMATHI KIRUHI. SUCCESSION CAUSE NO. 48 OF 1999 1
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b) That MORRIS KIMATHI KIRAGU be substituted by HENRY KIRAGU KIMATHI. c) That MARGERY NDUTA after having been excluded in the earlier application now is included in the list of the proposed administrators. d) That to date the court has not granted the certificate of administration nor has the affected estate been distributed. e) That in the premises, this is an old matter and it is imperative that the court issues as prayed herein to ensure smooth administration and distribution of the Estate of HENRY KIRAGU MUGO. 4. In the Replying affidavits of Rewel King’ori Kiragu and Margery Nduta they aver that they support the application but only to the extent that the letters of administration be issued to all the surviving children of the deceased herein; MOSES KIMATHI KIRAGU, MARGERY NDUTA KIRAGU, REWEL KINGORI KIRAGU and CHARITY WANGECHI KIRAGU wife of GRISHON KIRUHI KIRAGU (Deceased) As for GERALD WAMBUI KIRAGU (Deceased) whose wife MARGARET WANJIKU WAMBUI (also Deceased) his children’s Estate to be protected by the administrators. 5. The inclusion of HENRY KIRAGU KIMATHI as substitution for his father MORRIS KIMATHI KIRAGU and MORRIS KIMATHI KIRUHI as substitution for his deceased father Grishon Kiruhi Kiragu is opposed. 6. That MORRIS KIMATHI KIRAGU though old is capable of performing his duties as a co- administrator. 7. The inclusion of 1st and 4th applicants is opposed on the grounds that; i. Intermeddling with the Estate of the Deceased grandfather and threatening the lives of the beneficiaries to the Estate of the Deceased. ii. Grishon Kiruhi Kiragu (Deceased) beneficiary is survived by his wife Charity Wangeci Kiragu who is alive and such outranks her son Henry Kiragu Kiruhi in the degree of Consanquity in accordance with the law of Succession Act. iii. Morris Kimathi Kiragu although sickly, is still very much alive and there is no known reason under the law of succession Act that can allow a grandson who is a secondary beneficiary to be issued with SUCCESSION CAUSE NO. 48 OF 1999 2
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letters of administration in the event his father, the primary beneficiary is still alive and where his aunt and uncle are all alive. 8. Analysis and Determination Whether the 1st and 4th Applicants are entitled to grant of letters of administration. The Estate comprises of only one asset TET/ICHAGACHIRI/355 which is approximately 3.88 Hectares. The beneficiaries have agreed on the mode of distribution to share equally amongst them. The proposed administrators were 4 in number; i. Morris Kimathi Kiragu ii. Rewel Kingori Kiragu iii. Gerald Wambi Kiragu (Deceased) iv. Grishon Kiruhi Kiragu 9. The summons for substitution in the instance application are for; a) HENRY KIRAGU KIMATHI – adult grand child b) MARGERY NDUTA – daughter c) MORRIS KIMATHI KIRUHI – adult grand child d) REWEL KINGORI KIRAGU – son 10. An objection was raised vide replying affidavit of Margery Nduta a daughter of the Deceased and Rewel Kingori Kiragu son of the Deceased. The objections are based on intermeddling of the Deceased Estate by the grandchildren including the 1st and 3rd proposed administrator Morris Kimathi. That GRISHON KIRUHI KIRAGU (Deceased) is survived by his wife CHARITY WANGECHI KIRAGU who is alive and outranks her son HENRY KIRAGU KIRUHI in degree of consanguity. 11. In respect of GERALD WAMBI KIRAGU (Deceased) it is contended that his father who is the beneficiary is still alive though aged and sickly but he is able to administer the Estate. 12. I have duly perused the replying affidavit of Margery Nduta and in particular paragraphs 15, 16, 18. It is the contention of the deponent that as a result of the criminal act referred to in paragraphs 15, 16, 18 David Kariuki Kimathi and Morris Kimathi Kiruhi were arrested and arraigned in court at Nyeri Magistrate’s Court on 4th October, 2023 in Nyeri Criminal Case No. E1341 of 2023 and charged with the offence of threatening to kill contrary to section 223 of the Penal code. She further deposes that her nephews and some of her brothers have been trespassing into her parcel of land that her father had bequeathed to her. SUCCESSION CAUSE NO. 48 OF 1999 3
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13. It is noted that the outcome of the charges of threats to kill have not been shown. The veracity of the evidence may have not been tested, however, this court deems the allegations which are on oath to be serious and which ought not to be treated lightly and more so when they are connected with the distribution of the Estate. 14. Intermeddling with an Estate is an offence punishable in law. These serious allegations against the two proposed administrators go a long way in questioning their viability in administering fairly the Estate of the Deceased. It is further noted that Henry Kiragu Kimathi and Morris Kimathi Kiruhi are not the primary beneficiaries of the Estate of Henry Kiragu Mugo (Deceased) but are grandsons. 15. Morris Kimathi Kiragu, the father of Henry Kiragu Kimathi is still alive though said to be sick. Grishon Kiruhi Kiragu (Deceased) wife Charity Wangeci Kivuhi is still alive. 16. I find the objection against the two proposed administrators has merit and it is allowed. 17. The court orders that letters of administration to be issued to the surviving children of the Deceased. These are; a) MORRIS KIMATHI KIRAGU b) MARGERY NDUTA KIRAGU c) REWEL KINGORI KIRAGU and the d) wife of Grishon Kiruhi Kiragu (Deceased) e) CHARITY WANGECHI KIRAGU RULING DATED, READ and DELIVERED virtually this 4th day of February, 2026. _____________________________ MARTIN M. MUYA JUDGE In the Presence of: Defence Counsels – duly notified Court assistant – Isacko SUCCESSION CAUSE NO. 48 OF 1999 4
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