In re Estate of JKW (Deceased) (Succession Cause 308 of 1998) [2025] KEHC 9874 (KLR) (3 July 2025) (Judgment)

Summary at a glance

Facts

The deceased, Joseph Katiti Wambua, had three wives, one of whom, Nduleve Katiti, left the home with four children and later returned with nine children.

Issues

• Whether the five children of Nduleve Katiti born out of wedlock were dependants of the deceased and whether they are entitled to a share of his estate.
• Whether this court should appoint additional administrators to represent the house of Nduleve Katiti.
• Whether the sale of LR NO Machakos/Kiandani/X8 to Francis Mwanza Mulwa by Jonathan Mutisya Katiti was a valid or fraudulent sale; whether the sale was affected by the subsequent revocation of the grant and whether or not the asset is available for distribution to the beneficiaries.
• The mode of distribution.

Reasoning

The court considered the summons for confirmation, the protest, the affidavits filed, the rival submissions of the learned counsel for the parties, and the law. The court found that the four children of Nduleve Katiti sired by the deceased are entitled to a share of the estate, while the five children born out of wedlock are not.

Outcome

Appeal dismissed

Orders

• That the four children of Nduleve Katiti sired by the deceased are entitled to a share of the estate of the deceased.
• That the five children of Nduleve Katiti born out of wedlock are not entitled to a share of the estate of the deceased.
• That the administrators appointed by the court on 12th February 1999 shall continue with the administration of the estate and no additional ones shall be appointed.
• That property LR NO Machakos/Kiandani/X8 was lawfully sold to Francis Mwanza Mulwa (deceased), by the administrators of the estate and hence is no longer available for distribution to the beneficiaries.
• That the issue of distribution of the estate is referred to the Court Annexed Mediation.
• That parties shall bear their own costs.