[2021] KEHC 12881 (KLR)
The court found that the administrators, having complied with its directive to clarify the distribution of the estate, particularly with respect to the minor children, had satisfied the requirements for confirmation of grant. The court confirmed the grant and ordered the distribution as per the clarified affidavit,...
Source-derived case information.
- Citation
- [2021] KEHC 12881 (KLR)
- Parties
- Applicant: Consolata Monday Oteba; Applicant: Cynthia Omina Munyani
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 51 of 2019
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- grant confirmed and estate distributed as per clarified affidavit
- Judges
- FM Mutuku
- Legal Topics
- Succession, Intestate Estate Distribution, Minor Beneficiaries, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Consolata Monday Oteba
Applicant
Cynthia Omina Munyani
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the distribution of the deceased's estate adequately provides for the minor children.
- 2 Whether the administrators have clarified the mode of distribution as directed by the court.
Ratio Decidendi
The court found that the administrators, having complied with its directive to clarify the distribution of the estate, particularly with respect to the minor children, had satisfied the requirements for confirmation of grant. The court confirmed the grant and ordered the distribution as per the clarified affidavit, ensuring that specific sums were set aside for the education and welfare of the minor beneficiaries, and that the remaining assets would vest in the administrators as tenants for life and thereafter to the minor children as tenants in common. This approach ensures compliance with the Law of Succession Act and the protection of the interests of minor beneficiaries.
Court Disposition
grant confirmed and estate distributed as per clarified affidavit
Orders
- Kshs 600,000 to be set aside for university education and related expenses for FOB.
- Kshs 1,000,000 to be set aside for secondary and university education for CNM.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. 51 OF 2019
IN THE MATTER OF THE ESTATE OF FERDINARD BARAZA MUNYANI (DECEASED)
RULING
This is a ruling in respect of Summons for Confirmation of the Grant of letters of administration intestate made to Consolata Monday Oteba and Cynthia Omina Munyani the administrators on 17th June 2018 in respect of the Estate of the late Ferdinard Baraza Munyani who died intestate on the 5th of August 2018. The deceased left behind the following persons:
(a) Consolata Monday Ateba – widow aged 42 years
(b) Cynthia Omina Munyani – daughter aged 21 years
(c) FOB – son aged 17 years
(d) CNM – daughter aged 13 years
The application is supported by the affidavit of the two administrators named herein sworn on the 6th February 2020. The said affidavit lists the following as assets forming the estate of the deceased:
(a) Benefits from Kenya Pipeline Ltd;
(b) Insurance benefits;
(c) Retirement benefits;
(d) Pension, Kenya Pipeline Sacco contributions;
(e) NSSF contributions and Motor vehicle registration number KBJ 668E.
The affidavit of 6th February 2020 was not clear on the distribution of the assets especially to the minor children. This court directed that the administrators file a further affidavit with clarity on the issue of distribution. They filed a further affidavit dated 15th December 2020. I have considered the same. I note that the shares to the minor children have been clarified. I therefore confirm the grant issued by this court on 17th June 2018 and order distribution of the estate as contained in paragraphs 3 and 4 of the Affidavit dated 15th December 2020. For avoidance of doubt the distribution of shares shall be as follows:
(f) That Kshs 600,000 shall be set aside to cater for the University education and related expenses for FOB.
(g) That Kshs 1,000,000 shall be set aside to cater for Secondary and University education for CNM.
(h) That the administrators shall open an estate account at Kenya Commercial Bank, Busia Branch wherein the sum of Kshs 1,600,000 being the total of (a) and (b) above for both beneficiaries shall be deposited by the Kenya Pipeline Company Limited.
(i) That in respect of the remaining assets, being benefits from Insurance, Retirement, Pension, Kenya Pipeline Sacco contributions and NSSF Contributions as well as Motor vehicle No. KBJ 668E, the net estate shall vest on the administrators Consolata Monday Oteba and Cynthia Ominah Munyani as tenants for life and thereafter to FOB and CNM as tenants in common.
Orders shall issue accordingly.
Dated, signed and delivered this 19th January 2021.
S. N. MUTUKU
JUDGE