Automated Summary
Deceased Name
Gakuru Kiorugari
Key Facts
The court ruled on the inheritance distribution of Gakuru Kiorugari's estate, which included a 2.02 Ha land parcel. The applicant, Eusephia Kiaragakuru, sought rectification of the grant after two beneficiaries (Justine Njiru Gakuru and Cecilia Gicuku) died. Sister Mary Aloysia Muthanje claimed ½ acre from Justin's plot (Gaturi/Nembure/10162), with the remainder divided between Michael Kathuri Gakuru and John Njeru Gakuru each receiving ¼ acre. The court confirmed the protesters' entitlement and adjusted the distribution accordingly.
Issues
- The court's authority to rectify the grant of letters of administration when beneficiaries named in the original grant have since deceased, necessitating redistribution of the inherited land plots.
- The claim by Sister Mary Aloysia Muthanje, a daughter of the deceased, for her inheritance share from the land allocated to her deceased brother Justin, who had no children to inherit his portion.
Date of Death
1989 October 09
Holdings
- Plot No. 10162 was allocated to Eric Rutere Gakuru, while the remainder of the land retained its prior distribution as per the confirmation certificate. This addresses the deceased beneficiaries' claims.
- The court rectified the grant to allocate plot Gaturi/Nembure/10165 as follows: Sister Mary Aloysia Muthanje (½ acre), Michael Kathuri Gakuru (¼ acre), and John Njeri Gakuru (¼ acre). This distribution replaces the prior allocation to deceased beneficiaries Justin and Cecilia.
Remedies
- The court rectified the grant of letters of administration to redistribute the deceased's land. Specifically, plot Gaturi/Nembure/10165 was divided: ½ acre to Sister Mary Aloysia Muthanje, ¼ acre to Michael Kathuri Gakuru, and ¼ acre to John Njeri Gakuru.
- Eric Rutere Gakuru was allocated Plot No.10162 from the deceased's estate.
Will Type
Intestacy
Probate Status
Court rectifies grant of letters of administration for the estate of Gakuru Kiorugari.
Succession Regime
Kenyan succession laws (common law and customary elements)
Executor Name
Eusephia Karia Gakuru
Executor Appointment
Court-appointed executor of the estate
Judge Name
J. N. Khaminwa
Beneficiary Classes
Child / Issue
Passage Text
- The distribution of plot No.10162 to be taken by Eric Rutere Gakuru. The distribution of the remainder of the land shall remain as per certificate of confirmation already issued.
- 1. Sister Mary Aloysia Muthanje ½ acre. 2. Michael Kathuri Gakuru ¼ acre 3. John Njeri Gakuru ¼ acre.
- I find that the protester being a child of diseased is entitled to inherit in his estate. There is land available namely the land allocated to the son Justin who has now died. He has no children to succeed him he was given parcel No. Gaturi/Nembure/10162 measuring one (1) acre.