[2009] KEHC 71 (KLR)
The court found that while the application for confirmation of grant was in order, there was a material discrepancy regarding the ages of the survivors, particularly the sons and the possible presence of minors. The court held that accurate disclosure of the ages of all survivors as at the date of confirmation is...
Source-derived case information.
- Citation
- [2009] KEHC 71 (KLR)
- Parties
- Applicant: Chepkoech Taptuei Maiwa; Respondent: Kibirech Arap Maiywa (deceased)
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 24 of 2006
- Procedural Posture
- Succession Cause / Ruling on Application for Confirmation of Grant
- Outcome
- Conditional confirmation of grant granted, subject to disclosure of accurate ages of all survivors and compliance with requirements regarding minors.
- Legal Topics
- Confirmation of Grant, Letters of Administration, Succession of Estate, Disclosure of Survivors Ages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chepkoech Taptuei Maiwa
Applicant
Kibirech Arap Maiywa (deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Grant
Legal Issues
- 1 Whether the application for confirmation of grant should be granted given discrepancies in the ages of the survivors.
- 2 Whether the administratrix has properly disclosed the ages of all survivors as required by law.
- 3 Whether the presence of minors among the survivors necessitates the appointment of an additional administrator.
Ratio Decidendi
The court found that while the application for confirmation of grant was in order, there was a material discrepancy regarding the ages of the survivors, particularly the sons and the possible presence of minors. The court held that accurate disclosure of the ages of all survivors as at the date of confirmation is mandatory to ensure proper administration and protection of any minors' interests. The administratrix was directed to file an updated disclosure of ages. If minors are confirmed among the survivors, an additional administrator must be appointed in compliance with statutory requirements. The confirmation of grant is therefore conditional upon these clarifications and compliance...
Court Disposition
Conditional confirmation of grant granted, subject to disclosure of accurate ages of all survivors and compliance with requirements regarding minors.
Orders
- The Petitioner is to disclose the ages of herself and all survivors as of 22nd October, 2009 in form P&A 5.
- If minors are among the survivors, a second administrator must be appointed.
Full Case Text
Judgment text and source record
41 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
Succession Cause 24 of 2006
1. Family Law
2. The Law of Succession
3. Application for confirmation of grant.
a)Male adult (deceased)aged 59 years old at death 20th April, 1993.
b)Cause of death stroke/lightening.
c)Survivors. Widow aged 55 years old sons 43,41,35,23,17 daughters 22,32 years (married)
d)Kenya Gazette notice 9th February, 2006.
e)P&A 30 received 22nd July, 2008
f)P&A 41 Temporary grant of letters intestate 9th October, 2008 G.B.M Kariuki J
g)Application for confirmation of grant 5th February, 2009.
4. Held
Confirmation of grant granted subject to clarification of ages of widow and survivors as of October, 2009.
5. Case Law – Nil
6. Advocate– Nil
IN THE MATTER OF ESTATE OF
KIBIRECH ARAP MAIYA ………………………….. DECEAED
AND
CHEPKOECH TAPTUEI MAIWA ………………...APPLICANT
RULING
Confirmation of Letters of grant Intestate
Reasons
I: Background
1. Kibirech Arap Maiywa (deceased)was aged 59 years old on 20th April, 1993. He passed away due to a stroke caused by lightening.
2. He has surviving him a widow who is also a Petioner/adminstratix aged 55 years old in 2006 when this Petition had been filed for letters.
3. Those named as survivors were five sons aged 43,41,35,23 and 17. Later by an amended P&A 5 two daughters were disclosed being aged 22 years and 32 years, old respectively.
4. Kenya Gazette was issued on 9th February, 2006. This was irregularly done as the registry must await form P&A 30 from the Central Registry received 22nd July, 2008 before seeking for Kenya Gazette advertisement.
5. There had been no challenge to this Petition.
6. Letters of grant intestate was issued on 9th October, 2008 G.B.M Kariuki J on form P&A 41.
7. The applicants (adminstratrix) now apply for confirmation of grant dated 5th February, 2009.
II: Findings
8. The application was granted but there was a discrepancy on the ages of the survivors – male adult sons and one minor son.
9. In 2006, the ages of the survivors had not changed in 2009 when the application was made. This court hereby orders and directs that the Petitioner do disclose the ages of herself and all the survivors as of 22nd October, 2009 inform P&A 5.
10. If there are minors as of 2009, there requires to be two administratix/administrator to this grant.
11. Once the above is confirmed by the Deputy Registrar to ensure this is in order, this matter to be mentioned on 5th November, 2009 at 9. 00a.m.
DATEDthis 22nd day of October, 2009 at KERICHO
M. A. ANG’AWA
JUDGE