[2015] KEHC 1905 (KLR)
The court held that although the applicant had the written consent of the deceased's immediate family, the Law of Succession Act gives priority to the wives and children of the deceased for appointment as administrators. Since none of the immediate family members attended court or provided reasons for not being...
Source-derived case information.
- Citation
- [2015] KEHC 1905 (KLR)
- Parties
- Applicant: Julius Munyoki Kiteme; Respondent: Kimanzi Mathuva
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 13 of 2015
- Procedural Posture
- Succession Cause / Ruling on Application for Grant of Letters of Administration Ad Litem
- Outcome
- application allowed in part
- Judges
- GMA Dulu
- Legal Topics
- Letters of Administration, Priority of Administrators, Law of Succession, Limited Grant, Appointment of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Munyoki Kiteme
Applicant
Kimanzi Mathuva
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Grant of Letters of Administration Ad Litem
Legal Issues
- 1 Whether the applicant, a cousin of the deceased, should be granted letters of administration ad litem to pursue a civil case.
- 2 Whether the deceased's immediate family members should be appointed as administrators in preference to the applicant.
Ratio Decidendi
The court held that although the applicant had the written consent of the deceased's immediate family, the Law of Succession Act gives priority to the wives and children of the deceased for appointment as administrators. Since none of the immediate family members attended court or provided reasons for not being appointed, the court found it appropriate to appoint both the applicant and the deceased's son, Kimanzi Mathuva, as co-administrators. This approach ensures compliance with the statutory hierarchy of entitlement to administration while also accommodating the practical need for the applicant to pursue the civil case on behalf of the estate.
Court Disposition
application allowed in part
Orders
- Letters of administration ad litem are granted to Julius Munyoki Kiteme and Kimanzi Mathuva as co-administrators.
- Certificate of limited grant to issue to both administrators.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
PROBATE & ADMINISTRATION SUCCESSION CAUSE NO. 13 OF 2015
IN THE ESTATE OF JAMES MANYURA ITHERU ….. DECEASED
JULIUS MUNYOKI KITEME …………………………… PETITIONER
RULING
This is an application for grant of letters of administration ad Litem dated 21st April 2015 made by JULIUS MUNYOKI KITEME a cousin of the deceased.
The deceased JAMES MATHUVA ITHERU was survived by two wives, a son and a daughter, and a written consent by them was filed in the application that the applicant be granted the letters of administration sought to pursue a civil case. However none of the wives or children of the deceased, all adults, attended court, nor was any reason given as to why they could not be appointed as administrators.
Under the provisions of the Law of Succession Act (cap.160), the wives and children of a deceased person have a higher priority for appointment as administrators than a cousin. As such, I am of the view that in appointing the applicant as an administrator ad litem, I also appoint the son of the deceased as a co-administrator.
The application is thus allowed and letters of administration ad litem are hereby granted to two administrators, that is the applicant and the son of the deceased KIMANZI MATHUVA. Certificate of limited grant to issue to the two.
Dated and delivered at Garissa this 26th day of October 2015.
GEORGE DULU
JUDGE