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In re Estate of the Late Kamuya Musyoki Mutulili (Deceased) (Succession Cause 19 of 2001) [2025] KEHC 17721 (KLR) (27 November 2025) (Ruling)

In re Estate of the Late Kamuya Musyoki Mutulili (Deceased) (Succession Cause 19 of 2001) [2025] KEHC 17721 (KLR) (27 November 2025) (Ruling)
Citation
In re Estate of the Late Kamuya Musyoki Mutulili (Deceased) [2025] KEHC 17721 (KLR)
Media Neutral Citation
[2025] KEHC 17721 (KLR)
Court
High Court
Court station
High Court at Machakos
Outcome
Allowed
Case number
Succession Cause 19 of 2001
Judges
EN Maina
Judgment date
27 November 2025
Language
English
Type
Judgment
Original source file
Download DOCX (30.5 KB)
Collections
Date published
22 January 2026
Case action
Ruling
Court division
Family
Filing county
Machakos
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1.By the Amended Chamber Summons dated 14th February 2025 the Applicant seeks orders that:-“a.The confirmed grant issued to J K K and T B K who is now deceased be rectified to remove the deceased Administratix and replace her with M K Kb.The confirmed grant of representation issued on 8/3/2002 in the joint names of the Applicant and the deceased be rectified accordingly and the Estate’s property be shared as shown in the schedule attached.c.The named of the beneficiaries who died while in the administration of the Estate was on be removed and be replaced as follows;i.G K K (deceased) be replaced by Bernard Mutua Kilonzo (son).ii.N died, has no family and should be removed.iii.T N M (deceased) be replaced by M M.d.Cost of this Application be in the cause.”
2.The Summons were supported by an affidavit sworn by the Applicant who contended that T B K died on 28/06/2002 and the court was asked to replace her name with M M. That the beneficiaries have consented to the removal of the name of A M K from the list of beneficiaries since she left home about 3 years ago. That the estate of G K K who died on 27/01/2006 be replaced by B M K.
3.The Chamber Summons is not opposed.
4.I have considered the Chamber Summons as well as the court record. I have seen the death certificate dated 7th September 2016 that confirms that T M K died on 28th July 2002. I will therefore grant the order to substitute her name with that of M K K.
5.I have also seen the death certificate dated 5th July 2024 which confirms that T N M died on 25th April 2023. Her name will be replaced with that of M M.
6.I have also seen the death certificate dated 25th January 2006 that confirms that G K K died on 25th January 2006. His name will be replaced with that of Bernard Mutua.
7.As regards P N, there is a letter from the chief dated 17th October 2014 that states that the whereabouts of his family are unknown. This cannot be proof of death. Surely more efforts and steps could have been taken. In the letter, it is indicated that his family was displaced and moved to an unknown place but in the chamber summons, the Applicant contends that he has no family. His interest cannot be taken away on such basis, his name will not be removed. If the family wishes, it can have him presumed dead in the manner provided by the law. A mere assertion cannot suffice.
8.It is contended that the name of one A K K should be removed because she left home three years ago but the court has not been told who she is, where she went to and what efforts have been made to trace her. Also, from the list of beneficiaries, that name does not appear. It is not clear what role she plays in this estate for the court to address her plight or find otherwise. In the end, I direct as follows;1.The certificate of confirmed grant issued on 8th March 2002 is rectified as follows;a.The name of T B K (deceased) will be replaced with M K K.b.The name of G K K (deceased) will be replaced by Bernard Mutua Kilonzo (son) as a beneficiary.c.T N M (deceased) will be replaced by M M as the beneficiary.d.The name of P N shall be retained.e.Rectified forms 41 and 54 to issue.f.The Administrators to complete administration of the estate and make account after six months.Orders accordingly.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY ON THIS 27TH DAY OF NOVEMBER 2025.E N MAINAJUDGEIn Presence Of:Ms Mjambili for the AdministratorsC/A: Geoffrey
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