[2015] KEHC 1643 (KLR)
The court determined that the deceased's gratuity should be distributed in a 60:40 ratio, with 60% allocated to the widow and her children, and 40% to the children of the first wife, taking into account the relative ages and needs of the beneficiaries. The court further specified the percentage shares for each...
Source-derived case information.
- Citation
- [2015] KEHC 1643 (KLR)
- Parties
- Applicant: Rose Atieno Amoke; Applicant: Emma Achieng Oray; Respondent: Linet Adhiambo Asembo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 761 of 2013
- Procedural Posture
- Succession Cause / Ruling on Mode of Distribution of Estate
- Outcome
- Estate distributed according to court-ordered mode; administrators to invest minors' shares and account to court; legal fees to be paid from estate; no order as to costs.
- Judges
- REA Ougo
- Legal Topics
- Succession, Distribution of Estate, Dependants Rights, Minor Beneficiaries, Gratuity Sharing, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rose Atieno Amoke
Applicant
Emma Achieng Oray
Applicant
Linet Adhiambo Asembo
Respondent
Procedural Posture
Succession Cause / Ruling on Mode of Distribution of Estate
Legal Issues
- 1 What is the appropriate mode of distribution of the deceased's estate among the beneficiaries, including children of both wives and the widow?
- 2 How should the deceased's gratuity, retirement benefits, and Sacco shares be apportioned?
- 3 What safeguards should be put in place for the interests of minor beneficiaries?
Ratio Decidendi
The court determined that the deceased's gratuity should be distributed in a 60:40 ratio, with 60% allocated to the widow and her children, and 40% to the children of the first wife, taking into account the relative ages and needs of the beneficiaries. The court further specified the percentage shares for each beneficiary, ensuring that minors' shares are invested for their benefit and that the widow receives the retirement benefits for the upkeep of the minors. The court also ordered that the administrators provide regular accounts of the investments and that legal fees be paid from the estate. The distribution of Sacco shares was to follow the records of the relevant society. The court...
Court Disposition
Estate distributed according to court-ordered mode; administrators to invest minors' shares and account to court; legal fees to be paid from estate; no order as to costs.
Orders
- Deceased's gratuity to be shared 60% to widow and her children, 40% to children of first wife, with specified sub-shares.
- Monies for minors to be invested in an Investment Company or Bond; evidence of investment to be adduced within 45 days.
Full Case Text
Judgment text and source record
42 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
SUCCESSION CAUSE NO. 761 OF 2013
IN THE MATTER OF THE ESTATE OF G M A
RULING
1. The deceased G M A died on the 20th July, 2012. The administrators of the deceased’s estate are Rose Atieno Amoke and Emma Achieng Oray. The beneficiaries are:
i. R A O Widow
ii. L A O Daughter
iii. N A A Daughter
iv. J A A Daughter
v. S B A Daughter
vi. M T A Daughter
vii. A S O A Son
2. On the 28th January, 2014 the grant of letters of administration issued on the 13th June, 2013 was confirmed by the Court with an order that the estate of the deceased to be distributed in accordance to the a consent of mode of distribution filed in Court on 26th September, 2013. As per the said consent the assests mentioned being the Sacco shares and the retirement benefits were to go to R A A . On the 12th February 2014 parties recorded a consent to include A A as a beneficiary. On the 17th March, 2014 the Court ordered a hearing on the mode of distribution of the assets of the deceased incompliance the said Court order. The first administrator R A O filed an affidavit dated 11th of March indicating the, beneficiaries assets and mode of distribution as follows:
No. NAME OF BENEFICIARY AGE & STATUS STATUS SCHOOL FEES AND OTHER REQUIREMENT’S FOR MAINTENANCE RESIDES WITH PROPOSED MODE OF DISTRIBUTION
1 R A O, ADULT WIDOW
SELF 20%
2 L A, 25 YEARS MARRIED
MARRIED 5%
3 N A A, 18 YEARS MARRIED
MARRIED 5%
4 J A A, 15 YEARS STUDENT FORM ONE, [PARTICULARS WITHHELD] GIRLS SECONDARY SCHOOL
10%
5 S B A, 11 YEARS STUDENT CLASS 6, [PARTICULARS WITHHELD] ACADEMY R A O 10%
6 M T A, 4 YEARS STUDENT BABY CLASS, [PARTICULARS WITHHELD]ACADEMY R A O 20%
7 A S A, 1 YEAR MINOR
R A O 30%
100%
8 The Petitioner Advocate to be paid from the estate of the deceased
i. Sacco Shares Iberafrica Power (E.A) Ltd Kshs. 260,000/=
ii. Retirement Benefits with Retirement Benefits Authority Kshs. 360,000/=.
iii. Death gratuity at Iberafrica Power (E.A) Ltd estimated at Kshs. 5 to 6 million.
3. Linet Adhiambo Asembo the deceased’s first born from his first wife S A A (deceased) objected the mode of distribution as stated in the consent to mode of distribution filed by the first administrator . She has in her affidavit dated 12th June, 2015 deponed that they held a meeting at the petitioner’s advocates office and agreed that the deceased gratuity be shared in the ratio of 52 to 48 percent, 52 going to the petitioner. There is also an affidavit by G O A a brother to the deceased who states that the deceased had two wives and proposes that the deceased benefits be dividend on a 50:50 basis between R A A and the children of the first wife.
4. I have considered the proposed mode of the distribution as suggested by the parties. The deceased first wife who is also deceased, left three children who are now 23 years, 17 years and 15 years respectively as stated in the affidavit of L A . The first administrator’s children are 11 years, 4 years and 1 year respectively as stated in her affidavit . The first administrator’s children are fairly young compared to the second wife’s children. I note that all the deceased’s children need to have proper education and care. I will not make a decision on the personal disputes the parties have had since the deceased death as the main issue for consideration is the mode of distribution. Having considered the age of children in my view the deceased gratuity should be shared in the ration of 60 to 40. 60 going to the petitioner. Of the 60% R A O will get 5%. S B A will get 10%, M T A will get 20% and A S A will get 25%. L A will get 5%, N A A will get 10% and J A A will get 30%. The monies paid out in respect of the minors shall be invested in an Investment Company or Bond. The parties shall adduce evidence of such investment within 45 days from the date of this ruling. Rose Otieno Amoke shall get the Retirement Benefits for Kshs 360,000/= to use for the upkeep of the minors. The lawyers’ fees shall be paid from the estate. The administrators shall furnish records of the account of the status of the investment every six months to the Deputy Registrar of Family Division. The Sacco shares shall be distributed as per the list of beneficiaries as indicated in the Society’s records. This being a family matter I make no orders as to costs. It is so ordered.
Dated, signed and delivered this 18thday of September 2015
R. E. OUGO
JUDGE
In the Presence of:
………………………………………………………For the Administrators
………………………………………………………..…… For the Objector
Charity Court Clerk.