[2020] KEHC 6243 (KLR)

[2020] KEHC 6243 (KLR)

The court determined that the absence of a certified English translation of the Kiswahili will is a procedural deficiency that must be rectified before judgment can be rendered. The executor is therefore directed to file a certified English translation of the will, accompanied by a translator's certificate, within...

Source-derived case information.

Citation
[2020] KEHC 6243 (KLR)
Parties
Applicant: Executor of the Estate of Johana Keya Kikuyu; Respondent: Interested Parties (unspecified)
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Succession Cause 412 of 2012
Procedural Posture
Succession Cause / Interlocutory Ruling on Translation of Will
Outcome
Interlocutory order; matter stood over for compliance with translation requirement.
Judges
DN Musyoka
Legal Topics
Probate and Administration, Validity of Wills, Translation of Wills
Source Language
en
Family and Children Probate and Administration Validity of Wills Translation of Wills

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Parties

Executor of the Estate of Johana Keya Kikuyu

Applicant

Interested Parties (unspecified)

Respondent

Procedural Posture

Succession Cause / Interlocutory Ruling on Translation of Will

Legal Issues

  1. 1 Whether the will of the deceased, written in Kiswahili, is valid without an English translation on record.
  2. 2 Whether the executor is required to provide a certified English translation of the will.

Ratio Decidendi

The court determined that the absence of a certified English translation of the Kiswahili will is a procedural deficiency that must be rectified before judgment can be rendered. The executor is therefore directed to file a certified English translation of the will, accompanied by a translator's certificate, within thirty days. This ensures that the court and all parties can properly understand and adjudicate the contents and validity of the will in accordance with the law.

Court Disposition

Interlocutory order; matter stood over for compliance with translation requirement.

Orders

  • The executor shall file a certified English translation of the wasia of the deceased, dated 2nd May 2007, within thirty (30) days.
  • The matter shall be mentioned on 11th June 2020 for allocation of a date for judgement.