[2017] KEHC 2877 (KLR)
The court found that the applicant, Kenneth Kinyanjui Kinuthia, is a beneficiary and child of the deceased, and is entitled by order of preference to be substituted as administrator following the death of Felix Kimura Kinuthia. The court noted that all other beneficiaries had signed a formal consent to the...
Source-derived case information.
- Citation
- [2017] KEHC 2877 (KLR)
- Parties
- Applicant: Kenneth Kinyanjui Kinuthia; Respondent: Felix Kimura Kinuthia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 240 of 1986
- Procedural Posture
- Succession Cause / Ruling on Summons for Amendment of Letters of Administration
- Outcome
- application granted
- Judges
- BA Mitullah
- Legal Topics
- Succession, Letters of Administration, Substitution of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenneth Kinyanjui Kinuthia
Applicant
Felix Kimura Kinuthia
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Amendment of Letters of Administration
Legal Issues
- 1 Whether the applicant should be substituted as administrator of the estate following the death of the original administrator.
- 2 Whether the consent of the other beneficiaries is sufficient for the substitution.
Ratio Decidendi
The court found that the applicant, Kenneth Kinyanjui Kinuthia, is a beneficiary and child of the deceased, and is entitled by order of preference to be substituted as administrator following the death of Felix Kimura Kinuthia. The court noted that all other beneficiaries had signed a formal consent to the substitution, and there was no opposition to the application. Although having a sole administrator is not ideal, the consent of all beneficiaries and the applicant's legal entitlement justified granting the application. The court accordingly allowed the substitution to ensure completion of the administration of the estate.
Court Disposition
application granted
Orders
- The applicant, Kenneth Kinyanjui Kinuthia, is substituted as administrator of the estate of Grace Nduta Kinuthia.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 240 OF 1986
IN THE MATTER OF THE ESTATE OF GRACE NDUTA KINUTHIA (DECEASED)
R U L I N G
1. The Court has before it a Summons for Amendment of the Letters of Administration granted. The Application is brought under Rule 4 of the Probate and Administration Rules. The underlying matter relates to the Estate of Grace Nduta Kinuthia. She passed away on 7th January, 1984, leaving a Will. The Letters of Administration were taken out by Felix Kimura Kinuthia on 25th November, 1986. The Grant and distribution was confirmed on 11th November, 1987 by Certificate of Confirmation of Grant of that date.
2. Sadly, the Administrator FELIX KIMURA KINUTHIA has also now passed away on 10th February, 1996. It seems that he was not able to complete the distribution of the Estate he was administering. In the circumstances the Application before the Court is brought by one Kenneth Kinyanjui Kinuthia to be substituted as administrator of the Estate.
3. The Applicant states that he is a beneficiary of the Estate. Indeed he is named in the earlier Application as a child of the Deceased. The remaining children of the Deceased Grace Nduta Kinuthia are:
a) Joyce Wanjiru Kimura (Not child but beneficiary)
b) Henry Karuma Kinuthia
c) David Ihuthia Kinuthia
d) Ephantus Ruo Kinuthia
e) Nancy Wairimu Kinuthia
f) Beatrice Wangari Kinuthia
g) John Kinuthia Wangari
They have signed a formal consent to signify their agreement to the substitution.
4. From the Affidavit previously filed in Court, it is readily apparent that the Applicant is in the order of preference to apply to be substituted as an administrator of his mother’s estate. Although having a sole administrator is not an ideal arrangement, in this case however, the other beneficiaries have consented to the Application.
5. In the circumstances, the Application is granted and the Applicant is substituted to become the administrator of the Estate.
Order accordingly,
FARAH S.M. AMIN
JUDGE
Delivered Dated and SignedatNAIROBIthis14thday of March, 2017.
In the Presence of:
Court Clerk: Patrick Mwangi
Counsel for Applicants: Mrs Kangiri