1.The deceased, Mbaira Wairenge, died on 28th February, 1996 intestate. From the evidence on record, the deceased was married to two wives Wanjiku Mbaira and Wangeshi Mbaira who are now both deceased.
2.The evidence on record further shows that the deceased was survived by the following dependants/beneficiaries;
3.The grant of letters of administration intestate of estate of the deceased was made to Mwangi Mbaria and James Getua Mbaria on 23rd June, 2014.
4.The application that is pending before Court are summons for confirmation of the grant of letters of administration intestate of estate of the deceased was made to Mwangi Mbaria and James Getua Mbaria on 23rd June, 2014. The administrators herein in the affidavit in support of the said summons propose that the deceased’s estate being parcel of land No. Uasin Gishu/ainabkoi North/53 measuring 17.0HA distributed as follows;
6.The principal purpose of confirmation of grant is distribution of the assets. The proviso to subsection (2) of section 71 requires that the Court be satisfied as to whether the administrator had properly ascertained all the persons beneficially entitled to a share in the estate and properly identified the shares due to them. The proviso mandates that the grant should not be confirmed before the Court is satisfied on that account.
8.Has the proviso to section 71(2) of the Act and Rule 40(4) of the Probate and Administration Rules been complied with? In the instant cause it not disputed that the deceased herein had two wives. In both households the deceased had children some of who are now also deceased. The administrators herein represent the interests of both household and have proposed that the subject land be divided equally amongst the two households. I have keenly looked at their proposal on the mode of distribution and I note that every beneficiary and or dependant has gotten a share of the said estate. I also note that the share of the estate belonging to deceased’s children who have since died has been distributed to their respective spouses or children being. I must say that equity is not equality and that litigation must come to an end. For the reasons set out above it is my finding that the proposed mode distribution is fair.
9.Accordingly, I hereby order as follows:-1)That the Summons for Confirmation of Grant, dated 26th November, 2021 and filed on even date, is hereby allowed, in the following terms –2)The grant made on 23rd June 2014 is hereby confirmed, and3)Uasin Gishu/ainabkoi North/53,being the only asset of the estate of the deceased, shall be shared as follows:-i.James Maina- 4 acresii.Mwangi Mbaira- 3 acresiii.Hannah Nyambura-3 acresiv.Alice Gishu- 3 acresv.Jacinta Wangari- 2 acresvi.Rebecca Wanjiku- 1 acrevii.Haron Mbaria- 1 acreviii.Marion Wambui- 3 acresix.Haron Mbaria Evans-1 acrex.Johnson Mbaira-3.5 acresxi.Mary Wangui-1 acrexii.Nancy Wamboi- 1 acrexiii.Gideon Getau- 0.75 acresxiv.Haron Mbaria- 0.75 acresxv.Penina Wanja-1 acrexvi.James Getua Mbaria-3.5 acresxvii.Peter Muchunu Mbaria- 3.5 acresxviii.Delvine Wanjiku Mbaria- 2 acresxix.Isaiah Wachira Mbaria- 3.5 acres
4)That a certificate of confirmation of grant shall issue to the administrators in those terms;
5)That, this being a family matter, each party shall bear their own costs.