[2009] KEHC 3473 (KLR)
The court found that the appointment of the widow and eldest son as administrators was reasonable and in compliance with Section 58 of the Law of Succession Act, given the presence of minor beneficiaries. The court was satisfied that the interests of the minors were protected through provision of death gratuity,...
Source-derived case information.
- Citation
- [2009] KEHC 3473 (KLR)
- Parties
- Applicant: Priscilla Chebet Sambu; Applicant: Ibrahim Kibet Rono
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 84 of 2007
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- Application for confirmation of grant allowed, subject to conditions.
- Legal Topics
- Succession, Confirmation of Grant, Administration of Estate, Provision for Minors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Priscilla Chebet Sambu
Applicant
Ibrahim Kibet Rono
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should be confirmed in favour of the petitioners.
- 2 Whether the interests of the minor beneficiaries have been adequately provided for in accordance with the Law of Succession Act.
- 3 Whether the monetary assets for the minors should be invested and under what conditions.
Ratio Decidendi
The court found that the appointment of the widow and eldest son as administrators was reasonable and in compliance with Section 58 of the Law of Succession Act, given the presence of minor beneficiaries. The court was satisfied that the interests of the minors were protected through provision of death gratuity, livestock, and land, and ordered that monetary assets for the minors be invested in an interest-earning account, with only the interest accessible to the administrator until the minors reach the age of majority. The widow was granted the vehicle as provided under Section 35 of the Act. The court granted the application for confirmation of grant, subject to disclosure of sums to be...
Court Disposition
Application for confirmation of grant allowed, subject to conditions.
Orders
- Grant of letters of administration intestate confirmed in favour of the petitioners.
- Monetary assets for the minors to be invested in an interest-earning account, with only the interest accessible to the administrator until the minors attain 18 years.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE HIGH COURT OF KENYA AT KERICHO Succession Cause 84 of 2007
ESTATE OF THE LATE THOMAS KIPRONO ROP …..….. DECEASED
AND
PRISCILLA CHEBET SAMBU …….…………………) 1ST PETITIONER
IBRAHIM KIBET RONO ………....…………………….) 2ND PETITIONER
RULING
Confirmation of grant
I: Summons for confirmation of grant dated 8th January, 2009
1. Originally the summons for confirmation of grant was filed on 18th August, 2008. Because of deponing of application in the second persons the applicant at the time withdrew the application (order 18 r 5 Civil Procedure Rules was contained).
2. A new one was filed on 8th January, 2009.
3. The deceased Thomas Kiprono Rop passed away on 15th September, 2004 aged 45 years old. The cause of death being cardiopulmonary arrest due to liver cirrhosis.
4. His widow filed for letters of grant intestate on 30th March, 2007. She had seven children, all minors, except the oldest son whom she used as a co-administrator to comply with Section 58 of the Act. Law of Succession Cap 160.
5. Grant of letters intestate were issued on 17th May, 2007 (Musinga J) and the Kenya Gazette had been published Notice 3277 on 3rd April, 2007, three (3) days after filing the papers.
III: Findings
6. The appointment is reasonable in the circumstances. The minors have been provided for from the Death gratuity and, the head of cattle and plots of land. The widow take the vehicle as entitled to by the Section 35 of the Law of Succession Act.
7. The amount of monetary assets for the minor must be invested in an interest earning account with leave to the administrator, to accesses only the income’s interest or interest from the income till the children are 18 years old.
8. I accordingly order that accounts be filed within six (6) months at the close of the Probate and confirmation hearing.
9. The application is granted subject to disclosure of sums required to be invested for the minors.
DATED this 16th day of June, 2009 at KERICHO
M.A. ANG’AWA
JUDGE
Advocates
F. O. Koko advocate instructed by M/S Obondo Koko & Co. advocates
for the Petitioners/applicants - present