EVERLYN WANJA & ANOR
V.
GLADYS NKIROTE M'ITUNGA

JUDGMENT

1. The issue to be addressed in this appeal is the extent, if at all, a court can interfere with the testamentary disposition of a deceased person.

2. M’Itunga M’Imbutu (the deceased) died on June 11, 2012. He was survived by:

   1. Gladys Nkirote Itunga - Widow

   2. Julia Mbuthu Itunga – Daughter

   3. Charity Muthoni Itunga - Daughter

   4. Lydia Maiti Francis - Daughter and

   5. Julius Majau M’Itunga- Son

3. Before his death, the deceased caused a Will to be prepared by the firm of Meenye & Kirima Advocates. The Will is dated February 22, 2012. In the Will, the deceased made a testamentary distribution as follows:

   10. Land parcel No. Abogeta/Upper Kithangari/732 to be distributed as follows:

   a. Charity Muthoni to get two (2) acres bordering Erastus Ndege.

   b. Lydia Maiti to get two (2) acres next to Charity Muthoni

   c. Gladys Nkirote my wife to get two (2) acres where my houses are located next to the land of Gladys Maiti.

   d. The balance of nine (9) acres to go to the administrator who is my son Julius Majau M'itonga who is…