[2022] KEHC 9958 (KLR)
The court determined that, in the interest of preserving family relationships and ensuring transparency in the administration of the estate, the matter should be referred to court-annexed mediation. Pending the mediation, the court issued interim orders to protect the estate's assets, including requiring banks to...
Source-derived case information.
- Citation
- [2022] KEHC 9958 (KLR)
- Parties
- Applicant: Teresa Mokeira Siro; Respondent: Richard Ogeto Siro; Respondent: Kevin Nyariki Siro
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 7 of 2021
- Procedural Posture
- Succession Cause / Ruling on Interim Management and Mediation Referral
- Outcome
- Matter referred to court-annexed mediation with interim protective orders granted.
- Judges
- PJO Otieno
- Legal Topics
- Succession, Estate Administration, Mediation, Bank Account Control
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Teresa Mokeira Siro
Applicant
Richard Ogeto Siro
Respondent
Kevin Nyariki Siro
Respondent
Procedural Posture
Succession Cause / Ruling on Interim Management and Mediation Referral
Legal Issues
- 1 Whether the estate should be referred to mediation for amicable resolution.
- 2 Whether interim orders should be made regarding the deceased's bank accounts and estate rent collection.
Ratio Decidendi
The court determined that, in the interest of preserving family relationships and ensuring transparency in the administration of the estate, the matter should be referred to court-annexed mediation. Pending the mediation, the court issued interim orders to protect the estate's assets, including requiring banks to provide statements to the applicant and 1st objector, prohibiting withdrawals without court order, and adding the applicant as a signatory to the account where estate rent is deposited, with the mandate that at least two signatories are required for any operation of the account. These measures are intended to prevent mismanagement or dissipation of estate assets while the parties...
Court Disposition
Matter referred to court-annexed mediation with interim protective orders granted.
Orders
- Matter referred to court annexed mediation by Mr. William Mmasava.
- Mediator to file a report in court within 30 days.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Karu Siro Ombaye (Deceased) (Succession Cause 7 of 2021) [2022] KEHC 9958 (KLR) (7 July 2022) (Ruling)
Neutral citation: [2022] KEHC 9958 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 7 of 2021
PJO Otieno, J
July 7, 2022
IN THE MATTER OF THE ESTATE OF KARU SIRO OMBAYE (DECEASED)
Between
Teresa Mokeira Siro
Applicant
and
Richard Ogeto Siro
1st Objector
Kevin Nyariki Siro
2nd Objector
Ruling
1. For the sake of family ties and relationships, this matter is referred to court annexed mediation by Mr. William Mmasava, Tel. 072140XXXX.
2. Let the Mediator carry out his mandate and file a report in court within 30 days from today.
3. As that proceeds, it is ordered that the deceased’s banks avail to the two; Teresa Mokeira Siro And Richard Ogeto Siro Bank statements showing the status of all Accounts operated by the deceased. There is no liberty to effect any withdrawals from such Account without an order by the Court.
4. Let Teresa Mokeira Siro be added as a signatory to the Bank Account where estate’s rent is deposited and the mandates thereof be that the operation of the Account be by at least two signatories.
5. Mention on September 20, 2022.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 7TH DAY OF JULY 2022. PATRICK J. O. OTIENOJUDGEIn the presence of:Petitioner/Applicant in person1st Objector/Respondent – absentCourt Assistant: Kulubi