[2009] KEHC 848 (KLR)
The court confirmed the grant of letters of administration intestate, finding that the applicants had complied with the procedural requirements under the Law of Succession Act. The only asset of the estate, a Barclays Bank account with a balance of Kshs. 1,114,616.35, was to be apportioned primarily among the five...
Source-derived case information.
- Citation
- [2009] KEHC 848 (KLR)
- Parties
- Applicant: Winny Chemutai Chepkwony; Applicant: Geoffrey Kipchirchir Biegon; Respondent: Stanley Kipkemoi Chepkwony
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 183 of 2007
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- Application for confirmation of grant allowed with apportionment as per court orders.
- Legal Topics
- Succession of Estates, Distribution of Estate Assets, Administration of Minors Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Winny Chemutai Chepkwony
Applicant
Geoffrey Kipchirchir Biegon
Applicant
Stanley Kipkemoi Chepkwony
Respondent
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should be confirmed and the estate distributed accordingly.
- 2 How the estate, consisting solely of a bank account, should be apportioned among the widow and minor children.
- 3 Whether the interests of minor beneficiaries are adequately protected under the proposed distribution.
Ratio Decidendi
The court confirmed the grant of letters of administration intestate, finding that the applicants had complied with the procedural requirements under the Law of Succession Act. The only asset of the estate, a Barclays Bank account with a balance of Kshs. 1,114,616.35, was to be apportioned primarily among the five minor children (each receiving Kshs. 200,000) with the balance to the widow. The court ordered that the minors' shares be invested in an interest-earning account, with the principal sum preserved until each child attained majority, and interest available for their upkeep upon application. The court further directed that any benefits from Telkom (K) Ltd be distributed as per the...
Court Disposition
Application for confirmation of grant allowed with apportionment as per court orders.
Orders
- The grant of letters of administration intestate is confirmed.
- Kshs. 1,000,000 apportioned equally among the five minor children (Kshs. 200,000 each).
Full Case Text
Judgment text and source record
65 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
Succession Cause 183 of 2007
1. Family Law
2. The Law of succession
3. Application for confirmation of grant (28. 7.08)
a. deceased, male adult aged 44 years old on29. 4.07
b. Cause of death pneumonia
c. form P&A 30 – Principal Registry 7th November, 2007
d. Kenya Gazette 19th June, 2007.
e. Letters of grant 8. 11. 07 (KimaruJ)
f. Survivors
widow aged 36 years old
five children :- 3 minor daughters aged
16,13 and 3 years old
two minor sons aged 8 and 3 years old
4. Under rule 41(3) P&A rules court directs breakdown of assets required.
a) Only assets is Barclays Bank account having funds
5. Two administrators provided being widow and brother to deceased.
6. Held
Application for confirmation of grant allowed with apportionment as per courts orders and children shares
7. Case Law - Nil
8. Advocate
M/S J.M. Motanya & Co. advocate for the Petitioner - present
STANLEY KIPKEMOI CHEPKWONY ……………..DECEASED
AND
WINNY CHEMUTAI CHEPKWONY …………. 1ST PETITIONER
GEOFFREY KIPCHIRCHIR BIEGON ………… 2ND PETITIONER
RULING
Confirmation of letters of grant intestate dated 28th July, 2009
I: Background
1. Stanley Kipkemoi Chepkwony (deceased) passed away on the 29th April, 2007 having died at the age of 44 years old. The cause of death was pneumonia due to respiratory failure due to Aids Kaposi Sanome.
2. He left behind a widow aged 36 years old and five minor children. Three daughters aged 16, 13 and 3 years old and two minor sons aged 8 and 3 years old.
3. As minors are named in this estate under Section 58 of the Law of Succession Cap 160 a resulting trust is created. This means a minor of two administrators must apply to administer the estate.
4. The widow to the deceased together with the brother to the deceased applied for letters of grant intestate on the 16th June, 2007. Although the Kenya Gezette Notice was issued on 16th June, 2007 the very same day the grant was applied for, the Probate Law requires that an application made outside the Principal Registry must first apply for form P&A. 30 to ensure that no other similar grant has been applied for. This form was received to this court or the 8th November, 2007, dated 7th November, 2007.
5. Letters of grant of administration intestate were issued on the 8th November, 2007, Kimaru J.
6. The applicant adminstratix and administrator now come to apply for confirmation of the said grant.
II: Confirmation of grant
7. The only asset the deceased had was a bank account No. 753684131 with the Barclays Bank Ltd (Moi Avenue)Nairobi.
8. The deceased was described as an artisan and no indication that he had benefits from formal employment with Telkom.
9. The assets in that bank was for Kshs. 1,114,616/35 as of 18th June, 2009.
10. This court was not informed the sum of Benefits with Telkom. The deceased would have indicated to his employer how this would be approved.
II: Findings
11. I hereby apportion the estate as follows:-
11a) Benefits from Telkom (K) ltd as per the wishes of the deceased indicated to the company, failure to that all the benefits go to the deceased lawfully widow Winny Chemutui Cheypkwony
11b) That the sum of Ksh. 1. 114. 616/35 held with the Barclays Bank of Kenya Moi Avenue be apportioned as follows:-
In 2009
i) B.C aged 17 years old daughter. Kshs. 200,000/=
ii) F.C aged 14 years old daughter. Ksh. 200,000/=
iii) F.K aged 9 years old son.
Kshs. 200,000/=
iv) L.K aged 6 years old, son
Kshs. 200,000/=
v) I.C aged 4 years old daughter Kshs. 200,000/=
11c) That the balance of Kshs. 114,616. 35 be paid to the widow Winny Chemutai Chepkwony.
12. I make orders that the sum of Kshs. 1 million apportioned amongst the minor children be invested in an interest earning account in favour of the said minors until they have attained the age of majority. That the sum be deposited in an interest earning account with the Barclays Bank Ltd Moi Avenue in the name of the two administrator and the Registrar of the High Court of Kenya at Kericho.
13. That the interest from the principal sum may be released to the administrix and administrator for the up keep of the minors on application.
14. That the principal sum of Kshs. 200,000/= each per child should not be touched till the children attain the age of majority.
15. I hereby award costs to be in the estate.
DATEDthis 31st day of July, 2009 at KERICHO
M.A.ANG’AWA
JUDGE
Advocate
M/S J.M. Motanya & Co. advocate for the Petitioner - present