[2023] KEHC 20338 (KLR)
Although Agnes Imisa Kulebi is not a survivor of the deceased and would not ordinarily qualify for appointment as administratrix, the court found it necessary to appoint her due to the failure of the respondents to propose any administrators or move the matter forward. The court recognized that her claim regarding...
Source-derived case information.
- Citation
- [2023] KEHC 20338 (KLR)
- Parties
- Applicant: Agnes Imisa Kulebi; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 569 of 2015
- Procedural Posture
- Succession Cause / Ruling on Appointment of Administrator
- Outcome
- Application for appointment of administratrix allowed.
- Judges
- WM Musyoka
- Legal Topics
- Grant of Letters of Administration, Appointment of Administrator, Probate Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Agnes Imisa Kulebi
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Ruling on Appointment of Administrator
Legal Issues
- 1 Whether Agnes Imisa Kulebi qualifies for appointment as administratrix of the estate.
- 2 Whether the claim regarding the ownership of Kakamega/Lubao/700 should be determined in probate proceedings.
Ratio Decidendi
Although Agnes Imisa Kulebi is not a survivor of the deceased and would not ordinarily qualify for appointment as administratrix, the court found it necessary to appoint her due to the failure of the respondents to propose any administrators or move the matter forward. The court recognized that her claim regarding the estate asset is not properly a matter for probate but for the Environment and Land Court. However, to avoid further delay in administration and to secure her interest, the court appointed her as administratrix, with the possibility of appointing additional administrators if the respondents later participate. The grant of letters of administration intestate was ordered to...
Court Disposition
Application for appointment of administratrix allowed.
Orders
- Agnes Imisa Kulebi is appointed administratrix of the estate of Indeche Waswa Wikinza.
- A grant of letters of administration intestate to issue to Agnes Imisa Kulebi.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Indeche Waswa Wikinza (Deceased) (Succession Cause 569 of 2015) [2023] KEHC 20338 (KLR) (21 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20338 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 569 of 2015
WM Musyoka, J
July 21, 2023
IN THE MATTER OF THE ESTATE OF INDECHE WASWA WIKINZA alias INDECHE WASWA WIKUNZA (DECEASED)
Ruling
1. After I delivered a ruling herein, on October 21, 2022, I fixed the matter for mention to have administrators appointed herein.
2. At the mention, only Mr Shivega proposed an administratrix. Mr Ondieki indicated that he needed time to get instructions. I granted Mr Ondieki time for that purpose. At the next mention, only Mr Shivega was in attendance.
3. The that Mr Shivega represents is not a survivor of the deceased herein, but claims that the estate asset, Kakamega/Lubao/700, initially belonged to her father, and questions how it came to be registered in the name of the deceased herein. Ideally, that is a question that should not be determined in these probate proceedings, and should be placed before the Environment and Land Court in separate proceedings.
4. Ideally, Mr Shivega’s client does not qualify for appointment. However, seeing that Mr Ondieki and his clients are not keen on moving the matter forward, I am left with no option but to appoint her as administratrix.
5. The order that I hereby make is to appoint Agnes Imisa Kulebi administratrix of the estate herein, to secure her interest in the matter. Additional administrators may be appointed in future, as and when Mr Ondieki and his clients will be ready to propose names for appointment. A grant of letters of administration intestate to issue accordingly to Agnes Imisa Kulebi, who shall apply for confirmation of her grant within 60 days. I shall allocate a date for compliance.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA ON THIS 21ST DAY OF JULY 2023WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.AppearancesMr. Shivega, instructed by Victor Shivega & Company, Advocates for the applicant.Mr. Ondieki, instructed by Gichaba Ondieki & Company, Advocates for the respondents.