[2010] KEHC 2155 (KLR)
The court found that the welfare and interests of the child, L.I.G., are paramount and must be prioritized over procedural objections by the petitioners. The applicant demonstrated a genuine need for funds to pay school fees, and the court recognized that, despite the statutory responsibility of the government to...
Source-derived case information.
- Citation
- [2010] KEHC 2155 (KLR)
- Parties
- Petitioner: Annah Kirimi Magiri; Petitioner: Catherine Kathure Nteere; Applicant: Agnes Nguta Murithi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 107 of 2004
- Procedural Posture
- Succession Cause / Ruling on Chamber Summons for Release of Funds
- Outcome
- Application allowed; interim release of funds ordered.
- Judges
- MM Kasango
- Legal Topics
- Child Maintenance, Education Rights, Interim Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Annah Kirimi Magiri
Petitioner
Catherine Kathure Nteere
Petitioner
Agnes Nguta Murithi
Applicant
Procedural Posture
Succession Cause / Ruling on Chamber Summons for Release of Funds
Legal Issues
- 1 Whether the applicant, as guardian of the deceased's child, is entitled to interim release of funds from the estate for the child's education expenses.
- 2 Whether the interests of the child should take precedence over objections by the petitioners regarding piecemeal withdrawal of estate funds.
Ratio Decidendi
The court found that the welfare and interests of the child, L.I.G., are paramount and must be prioritized over procedural objections by the petitioners. The applicant demonstrated a genuine need for funds to pay school fees, and the court recognized that, despite the statutory responsibility of the government to provide education, practical realities necessitate that the estate support the child where possible. The court therefore exercised its discretion to order the release of Kshs. 40,000 from the estate to the applicant for the child's educational needs, emphasizing that the child's right to education should not be hindered by ongoing succession disputes.
Court Disposition
Application allowed; interim release of funds ordered.
Orders
- The public trustee is directed to release Kshs. 40,000 to Agnes Nguta Murithi from the estate of Erick Bundi Thuranira for the benefit of the child, L.I.G.
- No order as to costs on the Chamber Summons dated 13th January 2009.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU Succession Cause 107 of 2004
ANNAH KIRIMI MAGIRI ........................................ 1ST PETITIONER
CATHERINE KATHURE NTEERE ........................ 2ND PETITIONER
RULING
What is before me is the Chamber Summons dated 13th January 2009. It is brought under Rule 73 of the Probate and Administration Rules. It is brought by Agnes Nguta Murithi (Agnes). The petition for letters of administration intestate was filed by Annah Karimi Magiri and Catherine Kathure Nteere. The petitioners are mother and sister of the deceased. There is pending before this court an application to revoke the grant issued to the petitioners. I will therefore not go into great detail on the merits of this case. Suffice it to say that there is evidence before court that the deceased was married to Agnes and they were blessed with one child called L.I.G. What Agnes seeks from this court is an order for the release of Kshs. 40,000/= to enable her take care of L, the child of the deceased. Agnes in support of her application stated that she is not employed and she requires the money to pay school fees for L at W Academy totaling Kshs. 35,900/=. The application is opposed by the petitioners on the basis that Agnes had obtained money from a Sacco belonging to the estate secretly. The petitioners also opposed the withdrawal of funds in piecemeal. When a child is involved in a matter, the interest to the child are always paramount. There is no doubt that the child L is in custody of Agnes. The interests of the child demands that consideration be given to the needs of the child to get education. Section 7 (1) of the Children’s Act provides:-
“Every child shall be entitled to education……………”
Although that Section places the responsibility of providing that education on the government, I am of the view that since as a country we have not attained free education for all the interest of the child demand where possible, access to education be made available. It is for that reason that I accede to the summons dated 13th January 2009 but filed in court on 20th January 2010. I grant the following orders:-
1. I direct the public trustee to release to Agnes Nguta Murithi Kshs. 40,000/= from the funds held in respect of the estate of Erick Bundi Thuranira, deceased.
2. There shall be no orders as to costs to the Chamber Summons dated 13th January 2009.
Dated and delivered at Meru this 4th day of June 2010.
MARY KASANGO
JUDGE