Automated Summary
Key Facts
The case involves a dispute over the administration of the deceased Wallace Boro Nganga's estate. The Citors (Eliud Nganga Boro and Catherine Nduta Mbugua) allege the estate is intestate and that Citees (family members) have taken control of assets, including land and a posho mill, without legal justification. The Citees dispute this, claiming the deceased left a will and had 19 survivors. The court ruled that the widows (Mary Wairimu Boro and Hannah Wakago) must jointly petition for probate or letters of administration within 30 days, or the Citors may proceed.
Deceased Name
Wallace Boro Nganga
Issues
- The Citors claimed the deceased left nine survivors, while the Citees asserted there were nineteen beneficiaries. The court was tasked with verifying the beneficiaries' identities and their entitlement under the Law of Succession Act, particularly for polygamous families, to ensure fair distribution.
- The court was required to determine if the deceased Wallace Boro Nganga died without a will (intestate) as alleged by the Citors, or left a valid will (testate) as claimed by the Citees. The Citees filed an affidavit of protest asserting the existence of a will, challenging the Citors' intestacy claim and requesting the court to rectify the misdirection to prevent injustice.
- The Citors alleged the Citees had unlawfully taken control of the estate's assets, including land with rental income and maize milling machinery, and were wasting the estate. The Citees denied these claims, asserting they were seeking legal representation. The court ordered a joint petition by the widows to address asset control and ensure compliance with statutory distribution requirements.
- The court addressed the procedural obligations under the Law of Succession Act for administering the estate of a polygamous deceased. The Citors sought letters of administration to safeguard the estate, while the Citees argued that the Citors prematurely proposed distribution without a filed petition. The judge emphasized the need to first resolve the petitioning process before distribution.
Date of Death
2011 June 19
Holdings
- Failure to comply with the above order within 30 days will grant the Citors the liberty to petition for Letters of Administration intestate with or without the area Chief's letter.
- The relevant area Chief is directed to provide necessary assistance required by his office to facilitate the petitioning of the grant in this cause.
- Ordered Mary Wairimu Boro and Hannah Wakago, the two widows of the Deceased who have priority of right or the representatives of the two houses as shall be agreed upon, to proceed jointly to petition for grant of probate if they have a Will, or for grant of letters of administration intestate if they do not have a Will, within thirty (30) days.
Remedies
- In the event the widows fail to comply with the order to petition jointly within 30 days, the Citors shall be at liberty to petition for Letters of Administration intestate with or without the area Chief's letter.
- The relevant area Chief is directed to provide the necessary assistance required by his office to facilitate the petitioning of grant in this cause.
- Mary Wairimu Boro and Hannah Wakago, the two widows of the Deceased who have priority of right or their representatives, are directed to proceed jointly to petition for grant of probate (if they have a Will) or for grant of letters of administration intestate (if they do not have a Will) within thirty (30) days.
Will Type
Other
Probate Status
Ordered widows to petition for probate or letters of administration within 30 days.
Legal Principles
The court ruled that the Citors prematurely proposed estate distribution without filing a petition, emphasizing that the widows (Mary Wairimu Boro and Hannah Wakago) must jointly petition for grant of probate (if a valid will exists) or letters of administration intestate within 30 days under the Law of Succession Act. The ruling also highlighted the procedural requirement for estate administration in polygamous families and the necessity of compliance with statutory provisions for asset distribution.
Succession Regime
Governing by the Law of Succession Act, Kenya
Cited Statute
Law of Succession Act
Judge Name
L. Achode
Passage Text
- 15. Eliud said that his father also owned plots measuring 1.25 acres in Ruiru, which are unoccupied by any family member from both houses. He also pointed out that the Objectors had failed to comply with the provisions of The Law of Succession Act by failing to give the respective ages of all the beneficiaries of the Deceased.
- 19. Upon consideration of the cause before me and the law applicable, I find that the Citors have put the cart before the horse by moving prematurely to make proposals as to the distribution of the Estate since no petition has been filed yet. We must therefore deal with the issue of filing of the petition first. In the circumstances I consider it meet to order that:-L. ACHODE JUDGE
- i. Mary Wairimu Boro and Hannah Wakago, the two widows of the Deceased who have priority of right or the representatives of the two houses as shall be agreed upon, do proceed to petition jointly for grant of probate if they have a Will, or for grant of letters of administration intestate if they do not have a Will, within thirty (30) days hereof.
Beneficiary Classes
- Child / Issue
- Spouse / Civil Partner