Brothers lose in succession case

By Beatrice Obwocha

Four brothers’ attempt to disinherit their seven sisters has been stopped.

Nakuru Judge Murugi Mugo divided the property equally among the eleven children, their mother and a granddaughter.

In her ruling on Tuesday, Justice Mugo said she upheld the principal of non-discrimination by rejecting arguments that advance unfair treatment.

The Law of Succession Act, she said, defines dependants as including "the children of the deceased" without gender connotation.

The case involved the estate of Chege Njuguna who died in April 26, 2004. The assets contested are worth Sh1,790,500 and include a plot in Maili Saba, Nyahururu, a 25-acre piece of land and Sh90,500 at the Co-operative Bank.

The brothers, Mr James Karanja, Mr Paul Njuguna, Mr David Ndung’u and Mr Timothy Kubai, contested the way in which their mother wanted the assets distributed.

Out of country

They had estimated the value of their father’s assets at Sh10.6 million.

Mrs Eunice Wanjiku, the mother, had suggested that money in the bank be shared equally among the beneficiaries after legal fees were paid.

She also suggested that the other property be shared equally among the children.

But her sons objected, saying two of their sisters were out of the country.

They said they wanted the money given to their mother and the plot to one sister and a niece whose mother has died.

They proposed that the 25-acre land be shared equally among them but leave out their sisters since they are "married and have their homes".

But in her ruling, Justice Mugo said the estate would be divided equally and the deceased’s wife, Wanjiku, will inherit money in the bank.

She said the land would be sub-divided into12 equal portions of two acres.

The granddaughter was given the plot in Maili Saba, with the judge saying she was entitled to her late mother’s estate.

"The carving out of the respective portions will be done by the District Surveyor who should ensure the widow gets the portion with the main house," she ruled.