[2020] KEHC 2413 (KLR)
The court found that the protestor, Rosemary Akinyi Wanjiri, failed to discharge the burden of proof regarding her allegation that certain individuals were not children of the deceased, as she did not provide any documentary evidence to support her claim. The chief's letter on record named the disputed individuals...
Source-derived case information.
- Citation
- [2020] KEHC 2413 (KLR)
- Parties
- Petitioner: Geofrey Oduor Wanjiri; Objector: Rosemary Akinyi Wanjiri; Objector: Margaret Onywera Oduor; Objector: Consolata Aketch Oduor
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 12A of 2012
- Procedural Posture
- Probate and Administration / Ruling on Confirmation of Grant and Protest
- Outcome
- Grant confirmed; protest dismissed.
- Judges
- KW Kiarie
- Legal Topics
- Succession, Confirmation of Grant, Burden of Proof, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geofrey Oduor Wanjiri
Petitioner
Rosemary Akinyi Wanjiri
Objector
Margaret Onywera Oduor
Objector
Consolata Aketch Oduor
Objector
Procedural Posture
Probate and Administration / Ruling on Confirmation of Grant and Protest
Legal Issues
- 1 Whether the protestor discharged the burden of proof that certain individuals are not children of the deceased.
- 2 Whether the grant of representation should be confirmed in light of the protest.
Ratio Decidendi
The court found that the protestor, Rosemary Akinyi Wanjiri, failed to discharge the burden of proof regarding her allegation that certain individuals were not children of the deceased, as she did not provide any documentary evidence to support her claim. The chief's letter on record named the disputed individuals as children of the deceased. There being no credible evidence to the contrary, the court was satisfied that the requirements for confirmation of the grant had been met. Accordingly, the grant was confirmed as prayed in the affidavit in support of confirmation dated 3rd August 2016, and the administrators were directed to distribute the estate and render accounts within six months.
Court Disposition
Grant confirmed; protest dismissed.
Orders
- The grant is confirmed in terms of the affidavit in support of confirmation dated 3rd August 2016.
- The administrators are given six months to distribute the estate and render accounts.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
PROBATE & ADMINSTRATION NO. 12A OF 2012
IN THE MATTER OF THE ESTATE OF:
LEO ODUR RAJULA..............................................................DECEASED
BETWEEN
GEOFREY ODUOR WANJIRI...........................................PETITIONER
AND
ROSEMARY AKINYI WANJIRI...................................1ST OBJECTOR
MARGARET ONYWERA ODUOR.............................2ND OBJECTOR
CONSOLATA AKETCH ODUOR................................3RD OBJECTOR
RULING
1. On 18th October 2016, Margaret Onywera Oduor and Consolata Aketch Oduor filed summons for confirmation of a grant dated 3rd August 2016 in respect of the estate of Leo Oduor Rajula, the deceased herein. Before the same was confirmed, Rosemary Akinyi Wanjiri, the protestor herein filed an affidavit of protest dated 7th February 2017. The protest is premised on ground that the following are not children of the deceased herein:
a) Geofrey Oduor;
b) David Oduor;
c) Patrick Oduor; and
Evans Oduor.
2. This allegation was the easiest to prove. All the protestor needed to do was to attach documentary evidence with dates of birth of the concerned relatives, for example the copies of their national identity cards. She only stopped at the averment stage. This, in my view did not amount to discharging her burden of proof. Her protest cannot therefore, be sustained.
3. The chief’s letter to the court dated 4th May 2011, named eight children of the deceased who included the four who are disputed by the protestor.
4. I have nothing on record therefore, that would hinder the confirmation of the grant.
5. Consequently, I confirm the grant in terms of the affidavit in support of confirmation dated 3rd August 2016. The administrators are hereby given six months within which to distribute the estate and render accounts.
DELIVERED and SIGNED at BUSIA this 3rd day of June, 2020
KIARIE WAWERU KIARIE
JUDGE