The parties herein could not agree on the mode of distribution of the properties comprising the estate of the late Njagi Gakindi. The matter therefore went to full viva voce evidence on mode of distribution. The opposing sides submitted different schedules of the properties and the intended beneficiaries. As I tried to write the judgment, I was only able to determine or resolve the dispute in respect of some particularly contentious properties. These included Plot No. 150 Runyenjes which according to the proposed schedule was meant to be sub-divided among 6 persons although it is only ½ a share.

Plot No. 182 Runyenjes also elicited serious controversy with evidence being called to the effect that the deceased had left it to Dewitt Njeru Simon before he died. I believed the evidence of the old men who were the deceased’s partners in that property who came to testify. They said that the plot was left to Dewitt. I therefore decided that it should go to him exclusively. I sent back the schedule with the parties for them to determine how to compensate those who would lose their shares if the said property was given to Dewitt alone.

        The parties failed to agree on one schedule and instead I got 3 schedules; one from Peter Githaka Njagi, the other from Johnson Kinyua Njagi and some proposals from the objector one Andrew Njiru Macharia.

I have endevoured to marry or reconcile the 3 lists to the best of my ability and come up with the following schedule which is annexed to this Judgment:-

IN THE HIGH COURT OF KENYA AT EMBU

SCHEDULE ON MODE OF DISTRIBUTION AS ALLOWED BY THE COURT

I therefore order that the Grant of letters of administration herein be confirmed to the joint administrators. The estate be shared and registered as per the schedule prepared by the court, and which forms part of this judgment.

        I also order that a certificate of confirmation issues to that effect.

JUDGE

Delivered, signed and dated at Embu this 9^th day of December 2010