[2009] KEHC 41 (KLR)
The court declined to immediately order the distribution of the excess pension funds between the two widows. It held that before any such order can be made, the Pensions Department must confirm the deceased's date of death, whether any refund is due to them, the precise shares (if any) due to the widows, and the...
Source-derived case information.
- Citation
- [2009] KEHC 41 (KLR)
- Parties
- Applicant: Juliana Cherono Rotich; Applicant: Priscilla Chepkemoi Rotich
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 250 of 2005
- Procedural Posture
- Succession Cause / Ruling on Rectification of Grant
- Outcome
- Further orders deferred pending provision of information from the Pensions Department.
- Legal Topics
- Succession, Rectification of Grant, Distribution of Estate, Pension Funds, Widows Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Juliana Cherono Rotich
Applicant
Priscilla Chepkemoi Rotich
Applicant
Procedural Posture
Succession Cause / Ruling on Rectification of Grant
Legal Issues
- 1 Whether the excess pension funds in the deceased's account can be distributed equally between the two widows.
- 2 Whether the court can order distribution of pension funds without confirmation from the Pensions Department regarding overpayment, refund, and entitlements.
Ratio Decidendi
The court declined to immediately order the distribution of the excess pension funds between the two widows. It held that before any such order can be made, the Pensions Department must confirm the deceased's date of death, whether any refund is due to them, the precise shares (if any) due to the widows, and the amount of school fees entitled to the deceased's children. The court emphasized the need for this information to be provided by affidavit before proceeding. This approach ensures compliance with statutory requirements and protects the interests of all parties, including the Pensions Department and the deceased's dependants.
Court Disposition
Further orders deferred pending provision of information from the Pensions Department.
Orders
- Applicants to obtain and file an affidavit from the Pensions Department confirming the deceased's date of death, refund status, shares due to the widows, and school fees entitlements for the children.
- Matter to be mentioned at a later date for confirmation before any orders on distribution of excess funds are made.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT KERICHO
Succession Cause 250 of 2005
ESTATE OF RAPHAEL CHERUIYOT ROTICH……… ……DECEASED
AND
JULIANA CHERONO ROTICH ………………….. 1ST PETITIONER
PRISCILLA CHEPKEMOI ROTICH ………………… 2ND PETITIONER
RULING
Rectification of grant dated17th July 2009
I. Background
1. I confirmed the grant of letters of administration intestate on 19th May 2009. The estate was distributed.
2. Raphael Cheruiyot Rotich a male adult aged 56 years old a teacher by profession passed away on 14th February 2005. He left assets which included money in a bank account. Out of this sum most of the moneys was attributed to a pension payment. The applicants the two widow administratix were informed through their advocate and the bank that there was still an excess of Ksh.580, 797/45 from the pension fund it be paid to the deceased. The applicants now apply in their application of 17th July 2009 whether the said sum could be divided equally between the two of them at Ksh.290, 399/= each? They do so by way of rectification application.
II. Opinion
3. The funds being put into the deceased’s account comes from the pensions department. The deceased may have retired at the age of 55 years old. He died at the age of 56 years old on 14th February 2005. From the bank statement, a pension account deposit No.360003169382. They continue to do this long after the deceased have passed away. The possibility of an overpayment by the pensions department may arise. The pension money is stopped and new pensions issued to a widow of the deceased for a specified period. School fees are also provided for by the pensions department.
4. Before the court makes any order for a pension sum to be approved it is ordered that the following information be made available:-
(i) That the Pension’s Department confirms that they are aware the deceased died on14th February 2005.
(ii) That they confirm to this court that no refund is to be made to them.
(iii) That they confirm what the shares of the two widows if any after the death of the deceased on pension is.
(iv) The sum of school fees entitled to the children of the deceased be disclosed.
5. That this information as far as possible be by way of an affidavit presented to court.
6. This matter would be mentioned at a date convenient to parties to confirm the above before orders of the excess funds are made.
Dated this 30th day of November 2009 at Kericho
M. A. ANG’AWA
JUDGE