Automated Summary
Key Facts
Stephen Murungi Gwabi died on 9th September 2006. His estate, including properties in Buru Buru Phase 1 Block Nairobi/73/295, Kakamega Municipality Block II/177, Meru Municipality Block II/129, bank accounts, Kenya Airways shares, and motor vehicle KDY 958, was initially administered by his widow Aniceta Mumu. After the widow's death on 17th January 2010, the four children (William Gitonga, Christine Wendy Nkatha, Angela Muthoni, and Nkonge Murungi) were appointed co-administrators. The court confirmed the 2007 grant of letters of administration intestate on 14th April 2008, directing equal distribution of the estate. In 2014, an application sought release of Kakamega property sale proceeds held in a joint bank account, with the court ruling these proceeds must be distributed equally among the four children despite disputes over Buru Buru property claims.
Deceased Name
Stephen Murungi Gwabi
Issues
- The court addressed a dispute regarding the release and equal distribution of sale proceeds from Kakamega Municipality Block II/177, held in a joint bank account by advocates, after one administrator's advocate refused cooperation citing an unsold Buru Buru property claim.
- The court ordered substitution of the widow (Aniceta Mumu) as administrator after her death in 2010, appointing all four children as administrators and removing the trust to equally distribute the estate, including resolving disputes over the Buru Buru property.
Date of Death
2006 September 09
Holdings
- The court granted the application dated 19th March 2014, allowing the distribution of sale proceeds from Kakamega Municipality Block II/177 to be released for equal division among the four children of the deceased. The court determined that the distribution of the estate, including the proceeds from the sold property, should be shared equally without conditions.
- The court confirmed the 2008 grant of letters of administration, directing the estate to be wholly devolved upon the widow (in trust for the children) and later amended to remove the trust and mandate equal distribution to all four children after the widow's death in 2010.
Remedies
- Following the widow's death on 17th January 2010, the court ordered her substitution as administrator. On 15th March 2011, all four children were appointed co-administrators, and the trust was removed, directing the estate be distributed equally among them. The certificate of confirmation was amended accordingly.
- The application dated 19th March 2014 was granted in the terms proposed in paragraph 2 thereof. The applicant did not request costs, so none were ordered. The court confirmed that the sale proceeds from Kakamega Municipality Block II/177 should be distributed equally among the four children of the deceased, with no conditions imposed.
- The grant of letters of administration was confirmed on 14th April 2008, directing the estate to be devolved upon the widow, Aniceta Mumu, to hold in trust for the four children in equal shares. A certificate of confirmation was issued reflecting this arrangement.
- The court ruled that proceeds from the sale of Kakamega Municipality Block II/177 must be distributed equally among the four children of the deceased, as confirmed in the 2011 amendment. The decision emphasized no conditions were imposed on this distribution.
Will Type
Intestacy
Probate Status
Letters of Administration granted and amended for equal distribution among four children as of 2011.
Legal Principles
The court applied the principle of constructive trust to ensure the estate of Stephen Murungi Gwabi was distributed equally among his four children, as the widow had been holding the assets in trust for them. After her death, the trust was removed, and the estate was ordered to be divided equally without conditions.
Succession Regime
The succession followed Kenya's common law intestacy framework, with the estate distributed equally among the deceased's four children after the administrator's substitution.
Executor Name
- William Gitonga
- Angela Muthoni
- Aniceta Mumu
- Nkonge Murungi
- Christine Wendy Nkatha
Executor Appointment
- Substituted as administrator in 2011 following widow's death
- Appointed as administrator in 2007 via petition
Judge Name
W. Musyoka
Passage Text
- 4. The widow passed away on 17th January 2010... The distribution order was also reviewed so that the trust was removed and the estate ordered distributed equally between all four children.
- 7. When the grant herein was confirmed, it was directed that the estate be distributed equally as between all the four children of the deceased. All the assets were to be shared equally. Kakamega Municipality Block II/177 has been sold. The proceeds of sale therefrom ought to be distributed equally amongst the survivors.
- 8. I do find merit in the application dated 19th March 2014. The same is hereby granted in the terms proposed in paragraph 2 thereof. The applicant has not asked for costs and none shall be ordered. It is so ordered.
Beneficiary Classes
Child / Issue