[2002] KEHC 1036 (KLR)
The court found that the administrators had failed to comply with its previous orders to provide a complete and accurate inventory of the deceased's assets and liabilities. The list filed by Mrs. Chelanga was incomplete, omitting properties known to other parties, and the co-administrator, Swaleh Chepkole, had not...
Source-derived case information.
- Citation
- [2002] KEHC 1036 (KLR)
- Parties
- Applicant: Zaina Mukami Chelanga; Applicant: Swaleh Chepkole; Respondent: Mr. Jinaro Kibet; Respondent: Mr. Miller
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 2258 of 1996
- Procedural Posture
- Probate and Administration Cause / Post Appointment of Administrators; Directions on Inventory and Distribution
- Outcome
- Directions issued for joint inventory and administration; mention scheduled for further directions.
- Legal Topics
- Succession, Administration of Estates, Muslim Law Inheritance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zaina Mukami Chelanga
Applicant
Swaleh Chepkole
Applicant
Mr. Jinaro Kibet
Respondent
Mr. Miller
Respondent
Procedural Posture
Probate and Administration Cause / Post Appointment of Administrators; Directions on Inventory and Distribution
Legal Issues
- 1 Whether the administrators have complied with the court's directions to provide a full and accurate inventory of the deceased's assets and liabilities.
- 2 Whether the process of identifying and distributing the estate is being conducted in accordance with the law and court orders.
- 3 What steps should be taken to ensure a complete and fair administration of the estate.
Ratio Decidendi
The court found that the administrators had failed to comply with its previous orders to provide a complete and accurate inventory of the deceased's assets and liabilities. The list filed by Mrs. Chelanga was incomplete, omitting properties known to other parties, and the co-administrator, Swaleh Chepkole, had not filed any list, citing illness. The court accepted the proposal to hire a professional accountant to prepare a full inventory, provided that both administrators participate actively and all relevant documents are made available. The court emphasized the need for joint administration and transparency, and ordered that the process be supervised and reported back to the court by a...
Court Disposition
Directions issued for joint inventory and administration; mention scheduled for further directions.
Orders
- The administrators are to hire a professional accountant to prepare a full inventory of both assets and liabilities of the deceased, with a report to be presented to the court on 21st August 2002.
- The administrators must make available all documents relating to the estate to the appointed accountant promptly.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
PROBATE AND ADMINISTRATION CAUSE NO.2258 OF 1996
IN THE MATTER OF THE ESTATE OF ISHMAEL JUMA
CHELANGA – DECEASED
RULING
This matter was last in court on 24th May 2002 when I delivered a ruling and appointed the deceased’s widow and brother Swaleh Chepkole as the administrators of his estate. I also made a finding of fact and law as to who are the rightful beneficiaries to his estate. That position remains to date.
I did give the administrators about two and half months to gather and identify that estate so that today they would be able to record a consent on the proposed mode of distribution in accordance with Muslim or Islamic law. I note that Mrs. Zaina Mukami Chelanga today filed what she perceives to be the list of assets. This contains some 26 (twenty six) properties and four cars. Unfortunately this list has excluded all the properties of the deceased, which Mr. Jinaro Kibet Advocate testified to in his evidence. Quite clearly therefore this list is not complete. It is not exhaustive.
No list of assets has been filled by the deceased’s brother co-administrator.
From his testimony before me Mr. Swaleh Chepkole did say that he knew of certain properties which the deceased owned and which Mrs. Chelanga had concealed. I am therefore surprised to note that, two months down the line, Swaleh Chepkole has not filed his list of the deceased’s assets known to him or in his possession.
Miss Ndwiga Advocate has said that Mr. Swaleh Chepkole has been an inpatient at Moi-Teaching and Reberral Hospital Eldoret and was incapable of giving them any instructions. But Mr. Kibet Advocate is very much around.
He should have been called upon to participate in this exercise.
No list of deceased’s liabilities have been filed. Mr. Miller has pointed out that they intend to hire the services of a professional Accountant to deal with this aspect of the deceased’s estate. In my view, this move is acceptable to the court but this must be a joint exercise of the administrators of the deceased’s estate. I will, in view of this, make the following orders:-
(a) The administrators of the deceased’s estate to hire the services of a Professional Accountant to prepare a full inventory of both the assets and liabilities of the deceased. A Report be presented to me on the 21st August, 2002.
(b) The Administrators are to make available all documents including title, leases, charges etc relating to the deceased’s estate to the professional accountants who will be appointed, on the date of his appointment or soon thereafter to enable this exercise to be carried out.
(c) Both Administrators are to get actively involved in this exercise and in the general administration of the deceased’s estate till the time the distribution of assets is completed.
(d) Mr. Jinaro Kibet Advocate to team up with Mr. Miller, and Miss. Ndwiga in the gathering of the deceased’s estate, and his fees will be paid out of the estate by the administrators.
(e) Mention on 21/8/2002.
A.G.A. ETYANG
JUDGE
5/8/2002.