[2018] KEHC 9860 (KLR)
The court found that while the respondent, as the widow, was entitled to petition for the grant of letters of administration, the omission of certain assets and liabilities from the petition and the lack of consensus among the beneficiaries necessitated the appointment of additional administrators. The court...
Source-derived case information.
- Citation
- [2018] KEHC 9860 (KLR)
- Parties
- Applicant: Nicholas Jackson Kamau; Respondent: Grace Nungari Muchiri; Applicant: Rosemary Nyambura Kimani; Applicant: Benson Kiragu Muchiri
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 333 of 2011
- Procedural Posture
- Succession Cause / Ruling on Application for Appointment of Joint Administrators and Confirmation of Grant
- Outcome
- application allowed; fresh grant to be issued to four joint administrators
- Judges
- AO Muchelule
- Legal Topics
- Succession, Letters of Administration, Appointment of Administrators, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Jackson Kamau
Applicant
Grace Nungari Muchiri
Respondent
Rosemary Nyambura Kimani
Applicant
Benson Kiragu Muchiri
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Appointment of Joint Administrators and Confirmation of Grant
Legal Issues
- 1 Whether the respondent omitted assets and liabilities of the deceased from the petition for grant of letters of administration.
- 2 Whether additional administrators should be appointed to ensure proper administration of the estate.
- 3 What procedure should be followed for confirmation and distribution of the estate.
Ratio Decidendi
The court found that while the respondent, as the widow, was entitled to petition for the grant of letters of administration, the omission of certain assets and liabilities from the petition and the lack of consensus among the beneficiaries necessitated the appointment of additional administrators. The court exercised its powers to recall the previous grant and issue a fresh grant in the names of the respondent and three children of the deceased as joint administrators. This measure was intended to ensure comprehensive and equitable administration of the estate, including the identification and management of all assets and liabilities. The court further directed the administrators to file...
Court Disposition
application allowed; fresh grant to be issued to four joint administrators
Orders
- The applicant, Rosemary Nyambura Kimani, and Benson Kiragu Muchiri are appointed as joint administrators together with the respondent.
- The previous grant issued to the respondent is recalled and a fresh grant shall be issued in the four names.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 333 OF 2011
IN THE MATTER OF THE ESTATE OF JAMUEL MUCHIRI KIRAGI alias SAMUEL MUCHIRI KIRAGU (DECEASED)
NICHOLAS JACKSON KAMAU........................APPLICANT
VERSUS
GRACE NUNGARI MUCHIRI.......................RESPONDENT
RULING
1. On 5th February 2016 the court delivered its ruling in which it held that the respondent, being the widow of the deceased Jamuel Muchiri Kiragi alias Samuel Muchiri Kiragu, was the one under section 66 of the Law of Succession Act (Cap 160) entitled to petition the court for the grant of letters of administration intestate. The court dismissed the application by the applicant (who is one of the children of the deceased and therefore son to the respondent) who had sought the revocation of the grant issued to the respondent.
2. However, the court indicated that there were certain properties and liabilities of the deceased that the respondent had left out of the petition. It was also noted that it was necessary to identify some of the children of the deceased to help the respondent in the administration of the estate of the deceased. The family was to meet within 40 days to agree on the two issues. It is clear the meeting did not take place, or, if it did, there was no resolution. Considering the powers of the court in regard to the appointment of an administrator, I hereby appoint the applicant, Rosemary Nyambura Kimani (daughter of the deceased) and Benson Kiragu Muchiri (son of the deceased) to join the respondent as joint administrators to the estate of the deceased. The grant issued to the respondent is recalled to allow for a fresh grant in the four names.
3. Under section 83 of the Act, the joint administrators shall manage all assets and liabilities of the estate of the deceased. The applicant shall place before the joint administrators evidence regarding the assets and liabilities that the respondent may have excluded from the petition.
4. Within 60 days, the administrators or any of them, shall file and serve to all the beneficiaries summons for the confirmation of the grant of the estate of the deceased, with a supporting affidavit indicating how the estate should be shared. Upon service, the beneficiaries opposed to the proposed distribution will within 30 days make their proposal in a replying affidavit. The matter shall be mentioned on 11th February 2019.
5. To that extent, the application dated 8th May 2018 is allowed.
6. I make no order as to costs.
DATED and DELIVERED at NAIROBI this 27TH NOVEMBER 2018
A.O. MUCHELULE
JUDGE