[2018] KEHC 4316 (KLR)
The court found that the administrators had complied with its previous orders by rendering satisfactory accounts of their administration, including the handling of the deceased's pension. The court emphasized that the order to account for the pension was made for transparency and to prevent suspicion, even though...
Source-derived case information.
- Citation
- [2018] KEHC 4316 (KLR)
- Parties
- Applicant: Administrators of the Estate of David Nyachio Momanyi; Respondent: Interested Parties/Beneficiaries
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1576 of 2013
- Procedural Posture
- Succession Cause / Post Confirmation of Grant; Ruling on Compliance With Accounting Orders
- Outcome
- The court is satisfied with the accounts rendered by the administrators and finds that there are no outstanding issues in the administration of the estate.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Estate Administration, Confirmation of Grant, Accounting by Administrators
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Administrators of the Estate of David Nyachio Momanyi
Applicant
Interested Parties/Beneficiaries
Respondent
Procedural Posture
Succession Cause / Post Confirmation of Grant; Ruling on Compliance With Accounting Orders
Legal Issues
- 1 Whether the administrators have complied with the court's orders to render accounts of their administration of the estate.
- 2 Whether there are any outstanding issues regarding the distribution of the estate or the pension received.
Ratio Decidendi
The court found that the administrators had complied with its previous orders by rendering satisfactory accounts of their administration, including the handling of the deceased's pension. The court emphasized that the order to account for the pension was made for transparency and to prevent suspicion, even though such matters are not typically within the purview of the probate court. As there were no outstanding issues and the certificate of confirmation of grant should have already issued, the court concluded that the succession proceedings were complete and no further action was required unless parties raised new concerns regarding the accounts.
Court Disposition
The court is satisfied with the accounts rendered by the administrators and finds that there are no outstanding issues in the administration of the estate.
Orders
- The accounts rendered by the administrators are accepted as satisfactory.
- Any party with further questions regarding the accounts may take appropriate steps as they see fit.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1576 OF 2013
IN THE MATTER OF THE ESTATE OF DAVID NYACHIO MOMANYI (DECEASED)
RULING
1. I delivered a ruling herein on 12th May 2017, wherein I confirmed the grant on record and made orders on the distribution of the assets. Apart from that, I also directed the administrators to render accounts of their administration. Further orders were made on 17th July 2017 to account for the pension that they had received from the deceased’s pension scheme managers.
2. Parties have complied and have given their respective accounts of administration of the estate. Regarding the pension it should be noted that that ideally should not be a matter of concern by the probate court, but the order was made for transparency purposes to obviate suspicion.
3. I am satisfied with the accounts given. I shall leave it to the parties, if they have any questions arising from the accounts rendered, to take such steps as they may please with regard to the same.
4. The grant was confirmed in the ruling of 12th May 2017, a certificate of confirmation of grant should have issued subsequently. There is nothing now that is outstanding.
DATED, SIGNED and DELIVERED at NAIROBI this 27TH DAY OF JULY, 2018.
W. MUSYOKA
JUDGE