[2015] KEHC 2196 (KLR)
The court determined that the fairest mode of distribution of the deceased's estate required balancing the interests of all beneficiaries, with particular consideration for the ages and maintenance needs of the minor children. The court rejected rigid adherence to prior consents or proposals that did not adequately...
Source-derived case information.
- Citation
- [2015] KEHC 2196 (KLR)
- Parties
- Applicant: RAA; Applicant: EAO; Respondent: LAA
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 761 of 2013
- Procedural Posture
- Succession Cause / Ruling on Mode of Distribution of Estate
- Outcome
- estate distributed per court-ordered percentages; administrators to account for investments; no order as to costs
- Judges
- REA Ougo
- Legal Topics
- Succession of Estates, Distribution of Deceased Property, Rights of Beneficiaries, Maintenance of Minors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RAA
Applicant
EAO
Applicant
LAA
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 from both wives and the widow?
- 2 How should the deceased's gratuity, retirement benefits, and Sacco shares be allocated to ensure fairness and maintenance of minors?
- 3 Should the personal disputes between the parties affect the distribution of the estate?
Ratio Decidendi
The court determined that the fairest mode of distribution of the deceased's estate required balancing the interests of all beneficiaries, with particular consideration for the ages and maintenance needs of the minor children. The court rejected rigid adherence to prior consents or proposals that did not adequately provide for the minors. Instead, the court ordered that the deceased's gratuity be shared in a 60:40 ratio, with 60% allocated to the first administrator (widow and her children) and 40% to the children of the first wife. Specific percentages were assigned to each beneficiary based on their status and needs. The court further directed that funds for minors be invested and that...
Court Disposition
estate distributed per court-ordered percentages; administrators to account for investments; no order as to costs
Orders
- Deceased's gratuity to be shared 60% to first administrator and her children, 40% to children of first wife, with specific percentages as detailed in the ruling.
- Monies for minors to be invested in an Investment Company or Bond; evidence of investment to be provided within 45 days.
Full Case Text
Judgment text and source record
43 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 GMA
RULING
1. The deceased GMA died on the 20th July, 2012. The administrators of the deceased’s estate are RAA and EAO. The beneficiaries are;
RAO Widow
LAO Daughter
NAA Daughter
J A A Daughter
S A Daughter
M T A Daughter
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 assets mentioned being the Sacco shares and the retirement benefits were to go to RAA. On the 12th February 2014 parties recorded a consent to include LAA 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 RAO 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 RAO, ADULT WIDOW
SELF 20%
2 L A, 25 YEARS MARRIED
MARRIED 5%
3 NAA, 18 YEARS MARRIED
MARRIED 5%
4 J A A, 15 YEARS STUDENT FORM ONE, [particulars withheld] GIRLS SECONDARY SCHOOL
10%
5 S A, 11 YEARS STUDENT CLASS 6, [particulars withheld]
ACADEMY RAO 10%
6 M T A, 4 YEARS STUDENT BABY CLASS, [particulars withheld] ACADEMY RAO 20%
7 A S A, 1 YEAR MINOR
RAO 30%
100%
8 The Petitioner Advocate to be paid from the estate of the deceased
Sacco Shares [particulars withheld] (E.A) Ltd Kshs. 260,000/=
Retirement Benefits with Retirement Benefits Authority Kshs. 360,000/=.
Death gratuity at [particulars withheld] (E.A) Ltd estimated at Kshs. 5 to 6 million.
3. LAA the deceased’s first born from his first wife SAA (deceased) objected to 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 GOA 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 RAA 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 LA. The first administrator’s children are 12 years, 41/2 years and 2 year respectively as stated in her affidavit. The first administrator’s children are fairly young compared to the first 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.
5. 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 first administrator. Of the 60% RAA will get 5%. S A will get 10%, MTA will get 20% and ASA will get 25%. LA will get 5%, NAA will get 10% and JAA 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 to this Court. ROA shall get the Retirement Benefits for Kshs 360,000/= to use for the upkeep of the minors. The lawyers’ reasonable 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 18th day of September 2015
R. E. OUGO
JUDGE
In the Presence of:
………………………………………………………For the Administrators
………………………………………………………..…… For the Objector
Charity Court Clerk.