[2017] KEHC 9038 (KLR)
The court found that the ongoing disagreement between the petitioner and respondent was unnecessarily delaying the release of the deceased's body and the settlement of legitimate estate expenses. To prevent further injustice and ensure a dignified burial, the court exercised its discretion to vary the earlier...
Source-derived case information.
- Citation
- [2017] KEHC 9038 (KLR)
- Parties
- Applicant: Marie Kasyoka Mbilu; Respondent: Eunice Mbilu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 575 of 2017
- Procedural Posture
- Succession Cause / Interlocutory Application for Variation of Orders Regarding Payment of Medical and Funeral Expenses
- Outcome
- Application allowed; earlier order varied to permit direct payment of medical and funeral expenses from the deceased's account.
- Judges
- AO Muchelule
- Legal Topics
- Succession Administration, Estate Expenses, Funeral Expenses, Medical Bills, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Marie Kasyoka Mbilu
Applicant
Eunice Mbilu
Respondent
Procedural Posture
Succession Cause / Interlocutory Application for Variation of Orders Regarding Payment of Medical and Funeral Expenses
Legal Issues
- 1 Whether the court should vary its earlier order to allow direct payment of the deceased's medical and funeral expenses from the estate account.
- 2 Whether the dispute between the petitioner and respondent justifies bypassing the requirement for a joint account for payment of expenses.
Ratio Decidendi
The court found that the ongoing disagreement between the petitioner and respondent was unnecessarily delaying the release of the deceased's body and the settlement of legitimate estate expenses. To prevent further injustice and ensure a dignified burial, the court exercised its discretion to vary the earlier consent order. It directed the bank to pay the outstanding medical bill directly to the hospital and to pay the funeral expenses jointly to the petitioner and respondent, with a fallback provision allowing payment to the petitioner alone if the respondent failed to cooperate within seven days. The court noted that any party could later seek an account of the funds once a full grant...
Court Disposition
Application allowed; earlier order varied to permit direct payment of medical and funeral expenses from the deceased's account.
Orders
- Manager KCB Kilindini Branch to pay Kshs.10,306,336 from the deceased's account to MP Shah Hospital Nairobi for the medical bill.
- Within 7 days, KCB Kilindini Branch to pay Kshs.1,003,500 jointly to the petitioner and respondent for funeral expenses.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 575 OF 2017
IN THE MATTER OF THE ESTATE OF ELIUD SIMON MBILU (DECEASED)
MARIE KASYOKA MBILU…………………………..PETITIONER
VERSUS
EUNICE MBILU…………………..…………………RESPONDENT
RULING
1. The deceased Eliud Simon Mbilu died on 30th April 2017 at MP Shah Hospital Nairobi following admission on 10th November 2016. He was being treated for cancer. There was an outstanding medical bill of Kshs.10,306,336/= at the time of his death. It would appear that the bill was to be settled before the deceased’s remains could be accessed for burial.
2. The petitioner Marie Kasyoka Mbilu is the daughter of the deceased. On 17th May 2017 she filed this petition for letters of administration ad colligenda bona to enable the court order that Kshs.10,306,336/= be withdrawn from the deceased’s account No. [Particulars withheld] KCB, Kilindini Branch to settle the medical bill, and that Kshs.1,003,500/= be withdrawn to fund funeral expenses. On 31st May 2017 the petitioner was represented by Mr. Ondieki and the respondent Eunice Mbilu by Mr. Mburu. It was agreed that the money be released jointly to the petitioner and the respondent for the indicated purpose. The respondent is the widow of the deceased.
3. On 16th June 2017 the petitioner filed the present application to complain that the respondent had become uncooperative by failing to agree to open a joint account into which the above monies could be deposited and payments made therefrom. The respondent’s response was that, following the consent above, the petitioner had come to her matrimonial home and taken away valuables, including motor vehicle KAU 220T which she was using. Further, that there was disagreement on how much friends and relatives had been contributing towards the funeral, and the fact that the petitioner had not accounted for the money. Lastly, the respondent wanted the joint account to be opened at KCB Kitui Branch.
4. The petitioner, in her application, asked that the order issued on 31st May 2017 be varied so that the hospital bill and the funeral expenses be directly paid by the Bank.
5. It is regrettable that the petitioner and the respondent, by this unnecessary disagreement, do not want the body of the deceased to be released from the hospital and accorded a decent burial.
6. I consider that it will be possible, once a petition for full grant is eventually filed, for any party to seek accounts.
7. In the meantime, I direct the Manager KCB Kilindini Branch to pay Kshs.10,306,336/= from the deceased’s account No. [Particulars withheld] to MP Shah Hospital Nairobi to cover the medical bill for the deceased Eliud Simon Mbilu. Further, the bank shall, within 7 days from the date of this order, pay Ksh.1,003,500/= jointly to the petitioner and the respondent for the funeral expenses. If the respondent fails to present herself within 7 days, the Bank is authorised to pay the money to the petitioner to arrange the funeral.
8. In the meantime, parties have upto 27th September 2017 (when the matter shall be mentioned) to agree on whom shall petition for the grant of letters of administration.
DATED and DELIVERED at NAIROBI this 12TH day of JULY 2017.
A. O. MUCHELULE
JUDGE