[2024] KEHC 8479 (KLR)
The court found that all beneficiaries, except one who was absent due to transport challenges, had confirmed their support for the appointment of the applicants as administrators. There was no disagreement or objection from any party. The court commended the family for their cohesion and, in the absence of any...
Source-derived case information.
- Citation
- [2024] KEHC 8479 (KLR)
- Parties
- Applicant: Peter Kamau Wainaina; Applicant: Peter Wainaina Kamau; Respondent: Jane Wanjiru
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 39 of 1997
- Procedural Posture
- Succession Cause / Ruling on Appointment of Administrators
- Outcome
- application for appointment of administrators allowed
- Judges
- PN Gichohi
- Legal Topics
- Appointment of Administrators, Succession Procedure, Beneficiary Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kamau Wainaina
Applicant
Peter Wainaina Kamau
Applicant
Jane Wanjiru
Respondent
Procedural Posture
Succession Cause / Ruling on Appointment of Administrators
Legal Issues
- 1 Whether the applicants should be appointed as administrators of the estate in place of the deceased administrators.
- 2 Whether there is any objection among the beneficiaries to the appointment of the proposed administrators.
Ratio Decidendi
The court found that all beneficiaries, except one who was absent due to transport challenges, had confirmed their support for the appointment of the applicants as administrators. There was no disagreement or objection from any party. The court commended the family for their cohesion and, in the absence of any dispute, appointed Peter Kamau Wainaina and Peter Wainaina Kamau as administrators of the estate of the deceased. The court exercised its discretion under the Law of Succession Act to make the appointments as prayed, noting the absence of contestation and the collective agreement of the beneficiaries.
Court Disposition
application for appointment of administrators allowed
Orders
- Peter Kamau Wainaina and Peter Wainaina Kamau are appointed as administrators of the estate of Samuel Kamau Wainaina.
- There are no orders as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Samuel Kamau Wainaina (Deceased) (Succession Cause 39 of 1997) [2024] KEHC 8479 (KLR) (10 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8479 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 39 of 1997
PN Gichohi, J
July 10, 2024
IN THE MATTER OF THE ESTATE OF SAMUEL KAMAU WAINAINA (DECEASED)
In the matter of
Peter Kamau Wainaina
1st Applicant
Peter Wainaina Kamau
2nd Applicant
Ruling
1. The court has seen all beneficiaries except Jane Wanjiru 11070536 from 2nd house and who is said to be having transport challenges from her home in Kuresoi which is in the interior.
2. They have all confirmed to court their signature as filed herein supporting the two Administrators/Applicants to be appointed in place of the two deceased Administrators.
3. The beneficiaries is commended for cohesion in that family.
4. There being no disagreement, the two Applicants Peter Kamau Wainaina and Peter Wainaina Kamau be and are hereby appointed as Administrators of the Estate of the deceased Samuel Kamau Wainaina as prayed.
5. This being a family matter, there are no orders as to costs.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 10TH DAY OF JULY, 2024. PATRICIA GICHOHIJUDGEIn the presence of:BeneficiariesRuto, Court Assistant