[2021] KEHC 5232 (KLR)
The court held that grandchildren cannot inherit directly from their grandparents unless their own parents are deceased and they have letters of administration to represent their parents' estate. In this case, since the parents of the grandchildren (Joyce Omondi) are alive, the children cannot be listed as heirs....
Source-derived case information.
- Citation
- [2021] KEHC 5232 (KLR)
- Parties
- Applicant: Clarice Awino Owino; Respondent: Joyce Adhiambo
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 748 of 2015
- Procedural Posture
- Probate and Administration / Ruling on Objection to Mode of Distribution
- Outcome
- Objection allowed. Administrator to file new proposed mode of distribution within 30 days; costs to objector.
- Judges
- KW Kiarie
- Legal Topics
- Succession, Inheritance Rights, Locus Standi, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Clarice Awino Owino
Applicant
Joyce Adhiambo
Respondent
Procedural Posture
Probate and Administration / Ruling on Objection to Mode of Distribution
Legal Issues
- 1 Whether grandchildren can inherit directly from their grandparents' estate when their parents are alive.
- 2 Whether the objector has locus standi to challenge the mode of distribution without letters of administration.
Ratio Decidendi
The court held that grandchildren cannot inherit directly from their grandparents unless their own parents are deceased and they have letters of administration to represent their parents' estate. In this case, since the parents of the grandchildren (Joyce Omondi) are alive, the children cannot be listed as heirs. Furthermore, the court found that any beneficiary, including the objector, has the right to object to the mode of distribution without the need to obtain letters of administration. The objection was therefore allowed, and the administrator was ordered to file a new proposed mode of distribution listing only legitimate heirs.
Court Disposition
Objection allowed. Administrator to file new proposed mode of distribution within 30 days; costs to objector.
Orders
- The objection is allowed.
- The administrator is ordered to file another proposed mode of distribution listing only legitimate heirs within 30 days.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT HOMA BAY
PROBATE & ADMINISTRATION NO.748 OF 2015
IN THE MATTER OF THE ESTATE OF:
PASKALIA NYAMWANDA, JANE ANYANGO,
CATHORINA MINYERE &JOHN OGOLA OWINO..................DECEASED
BETWEEN
CLARICE AWINO OWINO.....................................APPLICANT/OBJECTOR
AND
JOYCE ADHIAMBO & ANOTHER..........................................RESPONDENT
RULING
1. Clarice Awino the objector herein is opposed to the mode of distribution. She is the widow of John Owino Ogola. She has argued that the children of Joyce Omondi have been made heirs which ought not to be the case.
2. I do agree with the objector. Grandchildren can only inherit their grandparents ‘estate if they are representing their parents ‘estate and have letters of administration to that effect. In the case of Estate of Veronica Njoki Wakagoto (deceased) (2013) eKLRit was stated (Musyoka J.):
…grandchildren can only inherit their grandparents indirectly through their own parents, the children of the deceased. The children inherit first and thereafter the grandchildren inherit from the parents. The only time grandchildren inherit directly from their grandparents is when the grandchildren’s own parents are dead. The grandchildren step into the shoes of their parents and take directly the share that ought to have gone to the said parents.
In the instant case, the children of Joyce Omondi cannot be listed as heirs.
3. Any beneficiary can object to the mode of distribution without having taken out letters of administration. It is cheeky to argue that the objector lacks locus standi for she did not obtain letters of administration.
4. I therefore allow the objection and order the administrator to file another proposed mode of distribution which ought to have legitimate heirs only. She should do so within 30 days failure, the grant herein will automatically be revoked.
5. Costs to the objector.
DELIVERED AND SIGNED AT HOMA BAY THIS 14TH DAY OF JULY, 2021
KIARIE WAWERU KIARIE
JUDGE