JUDGMENT OF THE COURT
As is now common in our Courts, this is yet another old succession matter which has defied quick closure. The deceased Cyrus Mbere Githinji died on 25th April, 2009. Subsequently, Albert Njeru Githae and Simon Wairagu Githae were appointed as joint administrators on 12th April, 2011. However, in order to facilitate confirmation of the letters of administration, each filed his own proposed list of distribution, necessitating the cause to be heard and determined by Muchelule, J. In the penultimate paragraph of the judgment, Muchelule, J rendered himself as follows:
“Under section 38 of the Act the estate should be divided equally among the children’s deceased (sic). The share of Marjory Wanjiru Wabandi shall go to her children. In respect of Tetu/Kiriti/63 0.025 Ha shall be preserved as a common site. The remainder shall be shared equally among the children of the deceased. The same goes for Nanyuki/Marura/Block 2250, and the shares in Gathuthi Tea Factory, shares at…