GLADYS WANJIRU MUNYI V. DIANA WANJIRU MUNYI

RULING

A. INTRODUCTION

1. This appeal challenges the division of an estate by the Court of Appeal, and it is averred that it raises an issue involving the interpretation and application of the Constitution, in terms of Article 163(4)(a) of the Constitution.

2. The respondent raised a preliminary objection, that the petitioner’s appeal does not meet the jurisdictional threshold, as it involves neither the interpretation nor the application of the Constitution.

B. BACKGROUND

3. The suitors are co-administratrixes of the estate of the late Mr. Julius Munyi Kaare. They were both married to the deceased, and lay claim to a house on L.R. No 150065/4 in Karen, which is the main asset in dispute in these proceedings. The petitioner was married to the deceased for almost 30 years before they became estranged and separate, keeping in contact only intermittently thereafter; and during this period, the deceased married the respondent, who made a contribution towards the establishment of matrimonial ho…