In re Estate of John Kiarie Karomo (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi, Family Division
Category
Civil
Judge(s)
Ali-Aroni
Judgment Date
September 24, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of In re Estate of John Kiarie Karomo (Deceased) [2020] eKLR, highlighting key legal insights and implications surrounding estate matters and probate law in Kenya.


Case Brief: In re Estate of John Kiarie Karomo (Deceased) [2020] eKLR

1. Case Information:
- Name of the Case: In the Matter of the Estate of John Kiarie Karomo (Deceased)
- Case Number: Succession Cause No. 957 of 2017
- Court: High Court of Kenya at Nairobi, Family Division
- Date Delivered: September 24, 2020
- Category of Law: Civil
- Judge(s): Ali-Aroni
- Country: Kenya

2. Questions Presented:
The central legal issues presented to the court involve the distribution of the deceased’s estate, specifically whether the proposed mode of distribution is equitable among the heirs, and whether any prior arrangements made by the deceased regarding the estate are legally binding.

3. Facts of the Case:
John Kiarie Karomo died intestate on June 24, 1998, leaving behind a widow and several children. His widow passed away in 2007, and one of his daughters also died, leaving two sons. The only asset of the estate is a piece of land identified as L.R. No. Ndumberi/Ting’ang’a/616, measuring 2.04 hectares. The heirs include Margaret Wanjiku Kiarie, Samuel Ngugi Kiarie, Jane Wanjiru Kiarie, Eunice Wambui Kiarie, Alice Ithuru Kiarie, Bernard Ng’ang’a Kiarie, John Kiarie, George Ndung’u, and Priscilla Gakuru Kiarie. A grant of letters of administration was issued to three of the heirs in 2018, but not all heirs consented to their appointment.

4. Procedural History:
On April 2, 2019, three administrators sought to confirm the grant and proposed a mode of distribution that favored some heirs over others. A consent to this distribution was signed by only five out of the nine beneficiaries. Bernard Ng’ang’a Kiarie, a protestor, opposed the proposed distribution, arguing that it was inequitable and did not reflect the intentions of their deceased parents. The court had to determine whether the proposed distribution was valid, given the lack of a will or clear evidence of prior distributions made by the deceased.

5. Analysis:
- Rules: The court referenced Section 38 of the Laws of Succession Act, Chapter 160 of the Laws of Kenya, which mandates that, in the absence of a will, the estate of a deceased person is to be divided equally among surviving children.
- Case Law: The court did not cite specific case law but relied on the principles established in the Laws of Succession Act regarding intestate succession and the equal treatment of heirs.
- Application: The court found that the evidence did not support the existence of a valid will or any inter vivos gifts from the deceased. The proposed distribution was deemed inequitable, as it favored some heirs over others without proper justification. Consequently, the court ruled that the estate must be divided equally among all children of the deceased.

6. Conclusion:
The court ruled in favor of the protestor, ordering that the estate be subdivided equally into eight portions for the children of the deceased. This decision reinforces the principle that all children are entitled to equal shares of an intestate estate, regardless of their relationship with the deceased.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The High Court of Kenya ruled that the estate of John Kiarie Karomo must be divided equally among his children, rejecting the proposed distribution that favored certain heirs. This case highlights the legal principles governing intestate succession in Kenya and underscores the importance of equitable treatment of heirs in estate matters. The ruling serves as a precedent for future cases involving similar issues of estate distribution when no valid will exists.

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