[2025] KEHC 9883 (KLR)

[2025] KEHC 9883 (KLR)

The court found that, following the death of the 2nd administrator, Julius Munanda Nakitare, and the refusal of the initially proposed substitute, it was necessary to appoint a new administrator to ensure the proper administration of the estate. The mediation agreement dated 14th April 2025, previously entered into...

Source-derived case information.

Citation
[2025] KEHC 9883 (KLR)
Parties
Applicant: Wafula Wekesa Nakitare; Applicant: Julius Munanda Nakitare (deceased); Applicant: Wilberforce Wekesa; Applicant: Isaiah N Wekesa; Applicant: Joseph Munanda
Court
High Court
Court Station
High Court at Bungoma
Jurisdiction
Kenya
Case Number
Succession Cause 50 of 2001
Procedural Posture
Succession Cause / Ruling on Application to Vary Mediation Agreement and Substitute Administrator
Outcome
Application for variation of mediation agreement partially allowed; Joseph Munanda appointed as 2nd administrator in substitution of Julius Munanda Nakitare (deceased).
Judges
MS Shariff
Legal Topics
Succession Administration, Grant of Letters of Administration, Substitution of Administrator
Source Language
en
Family and Children Succession Administration Grant of Letters of Administration Substitution of Administrator

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Parties

Wafula Wekesa Nakitare

Applicant

Julius Munanda Nakitare (deceased)

Applicant

Wilberforce Wekesa

Applicant

Isaiah N Wekesa

Applicant

Joseph Munanda

Applicant

Procedural Posture

Succession Cause / Ruling on Application to Vary Mediation Agreement and Substitute Administrator

Legal Issues

  1. 1 Whether the mediation agreement dated 14th April 2025 should be varied to substitute the 2nd administrator following his death.
  2. 2 Whether Joseph Munanda should be appointed as the new 2nd administrator in place of Julius Munanda Nakitare (deceased).

Ratio Decidendi

The court found that, following the death of the 2nd administrator, Julius Munanda Nakitare, and the refusal of the initially proposed substitute, it was necessary to appoint a new administrator to ensure the proper administration of the estate. The mediation agreement dated 14th April 2025, previously entered into by the parties, was adopted by the court. The court exercised its discretion under the Law of Succession Act to substitute Joseph Munanda as the 2nd administrator in place of the deceased, thereby ensuring continuity in the administration of the estate. The court ordered that a new grant issue in the names of Wafula Nekesa Nakitare, Joseph Munanda, Wilberforce Wekesa, and Isaya...

Court Disposition

Application for variation of mediation agreement partially allowed; Joseph Munanda appointed as 2nd administrator in substitution of Julius Munanda Nakitare (deceased).

Orders

  • The mediation agreement dated 14th April 2025 is adopted.
  • Joseph Munanda is appointed as the 2nd administrator in place of Julius Munanda Nakitare (deceased).