[2024] KEHC 8982 (KLR)
The court determined that, given the parties' disagreement over the inventory of the deceased's assets, it was necessary to appoint independent professionals to ensure a fair and transparent process. Both parties had complied with the directive to file their respective lists of assets, and by consent, agreed to the...
Source-derived case information.
- Citation
- [2024] KEHC 8982 (KLR)
- Parties
- Applicant: Jennifer Kibicho; Respondent: Edith Kibicho
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2309 of 2015
- Procedural Posture
- Succession Cause / Ruling on Appointment of Valuers and Auditors for Estate Asset Inventory
- Outcome
- Application for appointment of valuers and auditors granted.
- Judges
- SN Riechi
- Legal Topics
- Succession, Estate Administration, Asset Inventory, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jennifer Kibicho
Applicant
Edith Kibicho
Respondent
Procedural Posture
Succession Cause / Ruling on Appointment of Valuers and Auditors for Estate Asset Inventory
Legal Issues
- 1 Whether the inventory of the deceased's assets is complete and accurate.
- 2 Who should be appointed as valuers and auditors to ascertain the estate's assets.
Ratio Decidendi
The court determined that, given the parties' disagreement over the inventory of the deceased's assets, it was necessary to appoint independent professionals to ensure a fair and transparent process. Both parties had complied with the directive to file their respective lists of assets, and by consent, agreed to the appointment of reputable valuers and auditors. The court, therefore, appointed Bernard Kamau Gachoka as the valuer and CPA Peter Gatune of Gatune and Associates as the auditor, directing them to file their reports within 90 days. This approach ensures that the estate's assets are properly identified and valued, safeguarding the interests of all beneficiaries and facilitating...
Court Disposition
Application for appointment of valuers and auditors granted.
Orders
- Bernard Kamau Gachoka is appointed as the valuer for the estate.
- CPA Peter Gatune of Gatune and Associates is appointed as the auditor for the estate.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of James Kareu Kibicho (Deceased) (Succession Cause 2309 of 2015) [2024] KEHC 8982 (KLR) (Family) (19 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8982 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 2309 of 2015
SN Riechi, J
July 19, 2024
IN THE MATTER OF THE ESTATE OF JAMES KAREU KIBICHO (DECEASED)
Ruling
1. The Deceased James Kareu Kibicho died intestate on 5th August 2014. He left a widow Edith Kibicho and 7 children. He also left 2 children Jennifer Kibicho and Carol Wambui children of another mother. The parties here do not contest that Jennifer the applicant is a daughter of deceased and beneficiary.
2. The only issue the parties have not agreed on is the inventory of the assets of the deceased. This court on November 30, 2011 directed M/s Odera Counsel for Edith Kibicho (the widow) to file the list and documentation of assets they considered belonged to the deceased. Mr. Ruiru for Jennifer the objector who also directed to file list of assets of deceased and documentation. Both parties have complied by filing their respective list. By Consent the parties were to nominate reputable Property Valuers and Auditors to value the assets of the estate. The institution of Surveyors by letter dated July 22, 2022 nominated 5 valuers. From the list submitted the Court has appointed:1. Bernard Kamau Gachoka as the Valuer
3. The institute of Certified Public Accountants of Kenya (KPAK) nominated 5 auditors by letter dated June 29, 2022. This court appoints.1. CPA Peter Gatune membership No. 7889 of firm of Gatune and Associates as Auditors.
4. The appointed Valuers and Auditors to file report in Court within 90 days from date of this Ruling.
DATED AT NAIROBI THIS 19THDAY OF JULY, 2024S. N. RIECHIJUDGE