[2023] KEHC 25411 (KLR)
The court found that the administrators had demonstrated compelling reasons for early confirmation of the grant, specifically the urgent need to provide for the deceased's minor child, including payment of school fees and medical expenses. The administrators provided evidence of newly discovered assets belonging to...
Source-derived case information.
- Citation
- [2023] KEHC 25411 (KLR)
- Parties
- Applicant: Irene Wanja Kamuri; Applicant: Lorna Wamucii Mugo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 3557 of 2022
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- grant confirmed and estate distributed
- Judges
- EKO Ogola
- Legal Topics
- Confirmation of Grant, Intestate Succession, Distribution of Estate, Minor Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Irene Wanja Kamuri
Applicant
Lorna Wamucii Mugo
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should be confirmed before the expiry of six months from the date of grant.
- 2 Whether newly discovered assets should be included as part of the deceased's estate for distribution.
- 3 Whether the presence of a minor beneficiary justifies early confirmation of grant.
Ratio Decidendi
The court found that the administrators had demonstrated compelling reasons for early confirmation of the grant, specifically the urgent need to provide for the deceased's minor child, including payment of school fees and medical expenses. The administrators provided evidence of newly discovered assets belonging to the deceased, and both administrators consented to the proposed mode of distribution. In the absence of any opposition and with the welfare of the minor in mind, the court exercised its discretion under Section 71(3)(b) of the Law of Succession Act to confirm the grant before the statutory six-month period had lapsed and ordered distribution of the estate as per the supporting...
Court Disposition
grant confirmed and estate distributed
Orders
- The Grant of Letters of Administration Intestate issued on 20th June 2023 is confirmed under Section 71(3)(b) of the Law of Succession Act.
- The estate, including Gatarakwa/Gatarakwa/Block/111/1331 and 152 shares at Kenya Reinsurance Limited, is to be distributed as per paragraph 10 of the Supporting Affidavit dated 18th September 2023.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Isaac Mugo Kiragu (Deceased) (Succession Cause 3557 of 2022) [2023] KEHC 25411 (KLR) (Family) (16 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25411 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 3557 of 2022
EKO Ogola, J
November 16, 2023
IN THE MATTER OF THE ESTATE OF ISAAC MUGO KIRAGU (DECEASED)
In the matter of
Irene Wanja Kamuri
1st Administrator
Lorna Wamucii Mugo
2nd Administrator
Ruling
1. Before this court, Summons for Confirmation of Grant is dated 18th September 2023. The administrators pray for the following orders: -a.Spent;b.That the following property be included as part of the assets of the Deceased’s Estate in the Administration of the Deceased’s properties:-i.Gatarakwa/gatarakwa/block/111/1331ii.152 Shares at Kenya Reinsurance Limitedc.That the Grant of Letters of Administration Intestate made to Irene Wanja Kamuri and Lorna Wamucii Mugo on the 20th June 2023 in this be matter be confirmed;d.That costs of this Application be costs in the cause.
2. The Summons were based on the grounds set out therein and the Supporting Affidavit sworn by the administrators.
3. The deceased died intestate on 26th August 2022. His widow Irene Wanja Kamuri and his two children Lorna Wamucii Mugo and Alex Kiragu Mugo (minor) survived him. Grant of letters of Administration intestate was issued on 20th June 2023 to Irene Wanja Kamuri and Lorna Wamucii Mugo.
4. Section 71 of the Law of Succession stipulates the procedure for confirmation of grant. It stipulates as follows:-“71(1) After the expiration of a period of six months, or such shorter period as the court may direct under subsection (3), from the date of any grant of representation, the holder thereof shall apply to the court for confirmation of the grant in order to empower the distribution of any capital assets.(2)…(2A)…(3)The court may, on the application of the holder of a grant of representation, direct that such grant be confirmed before the expiration of six months from the date of the grant if it is satisfied-(a)that there is no dependant, as defined by section 29, of the deceased or that the only dependants are of full age and consent to the application;(b)that it would be expedient in all the circumstances of the case so to direct.”
5. The 1st administrator deposed that she has utilized all her resources to settle college fees for the 2nd Administrator and the deceased son who is a minor attending High School. The 1st administrator further averred that there are unpaid school fees and there is a need for money for medical expenses and general family subsistence.
6. The administrators have annexed to their summons a schedule of assets including newly discovered assets such as Gatarakwa/ Gatarakwa/ Block/111/1331 and 152 shares at Kenya Reinsurance Limited. As proof that the said assets belong to the deceased, the administrators have annexed a copy of the title deed and Share details from Kenya Reinsurance Limited to the Summons. There is also a consent on the mode of distribution signed by both administrators.
7. Since there is a minor involved and he requires school fees and medical care, I hereby confirm the Grant of letters of administration intestate issued on 20th June 2023 under Section 71(3)(b) of the Law of Succession Act and distribute the estate under paragraph 10 of the Supporting Affidavit dated 18th September 2023. It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 16TH DAY OF NOVEMBER 2023. .................................E.K. OGOLAJUDGE