[2019] KEHC 10352 (KLR)
The court held that an administrator, duly appointed by the court, cannot be accused of intermeddling with the estate as their role is to manage and distribute the estate in accordance with the law. The proper remedy for concerns about the conduct of an administrator is to require them to render a full account of...
Source-derived case information.
- Citation
- [2019] KEHC 10352 (KLR)
- Parties
- Applicant: Andrew Ohanga; Respondent: Caroline Atieno Orek; Respondent: Cornelia Apondi Ohanga
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 580 of 2005
- Procedural Posture
- Succession Cause / Ruling on Application to Replace Administrator
- Outcome
- application dismissed; administrators ordered to render accounts
- Legal Topics
- Administration of Estates, Removal of Administrator, Accounting by Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Ohanga
Applicant
Caroline Atieno Orek
Respondent
Cornelia Apondi Ohanga
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Replace Administrator
Legal Issues
- 1 Whether Caroline Atieno Orek should be replaced as administrator for alleged intermeddling with the estate.
- 2 Whether an administrator can be accused of intermeddling with the estate they are mandated to administer.
- 3 Whether the administrators should be compelled to render accounts of their administration.
Ratio Decidendi
The court held that an administrator, duly appointed by the court, cannot be accused of intermeddling with the estate as their role is to manage and distribute the estate in accordance with the law. The proper remedy for concerns about the conduct of an administrator is to require them to render a full account of their administration, not automatic removal. The Law of Succession Act and the Trustee Act impose a statutory obligation on administrators to provide such accounts. Since the applicant failed to demonstrate grounds for removal, the application to replace Caroline Atieno Orek as administrator was disallowed. Instead, the administrators were ordered to render detailed accounts of...
Court Disposition
application dismissed; administrators ordered to render accounts
Orders
- The administrators, Caroline Atieno Orek and Cornelia Apondi Ohanga, are directed to render accounts of their administration of the estate for the duration they have been administrators, covering an inventory of the assets, rents collected, and expenditure incurred.
- The said accounts shall be in affidavit form, supported by appropriate documentation, and lodged in court within 30 days.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
SUCCESSION CAUSE NO.580 OF 2005
IN THE MATTER OF THE ESTATE OF ROSEMARY ANYANGO DECEASED
ANDREW OHANGA.................................................APPLICANT
RULING
1. On 28/2/2006 a Certificate of Confirmation was made in respect of the Estate of ROSEMARY ANYANGO (the deceased herein) to ELLIS OMONDI OGWEL and CAROLINE ATIENO OREK pursuant to the provisions of Section 71 of the Law of Succession Act.
2. On 28th September, 2014, the said grant was rectified and CORNELIA APONDI OHANGA replaced ELLIS OMONDI OGWEL. The reasons advanced for removal of ELLIS OMONDI OGWEL was that he had misappropriated the funds of the Estate of the deceased and that he was suffering from compulsive disorder and unfit to remain an administrator of the Estate.
3. The application coming for consideration in this Ruling is dated 10/702018 and it is seeking to replace CAROLINE ATIENO OREK with ANDREW OHANGA as an administrator for reasons that CAROLINE ATIENO OREK has intermeddled with the assets forming part of the Estate of the deceased and further that she has never been keen in defending Civil Suit No. 6051 of 2005 where one of the properties of the deceased is at stake.
4. The deceased herein died on 12. 6.2003 and was survived by the following children.
(I) Carolyn AtienoOrek
(II) Ellis OmondiOgwel
(III) Patricia AchiengOngene
(IV) Benard Andrew Onyango
5. I find that CAROLYN ATIENO OREK who has been an administrator cannot be said to intermeddle with the Estate as she has been mandated by law to administer.
6. The proper thing to do is order the circumstances is to call upon her to give an account of her administration of the Estate since she has started acting as an administrator to date.
7. Rendering of Accounts is a statutory requirement under the Law of Succession Act as well as in the Trustee Act Cap 167 Laws of Kenya. The administrators were supposed to complete distribution of the Estate and to wind up within 6 months upon confirmation of grant.
8. I accordingly disallow the Application dated 10. 7.2018 for reasons that the Estate vests on the administrators and they cannot be accused of intermeddling but should be held to account for the estate
9. The orders which are for the best interest of all concerned in this case is as follows;
(i) THAT the administrators herein, CAROLINE ATIENO OREK and CORNELIA APONDI OHANGA are hereby directed to render accounts of their administration of the Estate for the duration that they have been administrators, covering an inventory of the assets, the rents collected, the expenditure incurred among others.
(ii) THAT the said accounts shall be in Affidavit form, supported by appropriate documentation and the same shall be lodged in this Court within 30 days of this date.
(iii) THAT all the beneficiaries to be served with the said documents and to appear in Court for directions after the expiry of 30 days.
DELIVERED, SIGNED AND DATED IN OPEN COURT THIS 1ST DAY OF FEBRUARY, 2019
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI