[2006] KEHC 235 (KLR)
The court held that since the deceased died intestate and left no immovable property, the estate, consisting of cash and shares, should be distributed equally among the three minor children, each receiving one-third. The widows, as mothers of the minor children, are to hold the respective shares and cash in trust...
Source-derived case information.
- Citation
- [2006] KEHC 235 (KLR)
- Parties
- Applicant: Kezia Adego Ragai; Applicant: Maria Enyakai
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 176 of 2002
- Procedural Posture
- Succession Cause / Ruling
- Outcome
- Estate distributed equally among the three minor children; widows to hold shares and cash in trust for their respective children.
- Legal Topics
- Intestate Succession, Distribution of Estate, Minor Beneficiaries, Trusteeship of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kezia Adego Ragai
Applicant
Maria Enyakai
Applicant
Procedural Posture
Succession Cause / Ruling
Legal Issues
- 1 How should the estate of the deceased, comprising cash and shares, be distributed among the widows and minor children under intestate succession law?
- 2 Who should hold the shares and cash in trust for the minor children and for what purposes?
Ratio Decidendi
The court held that since the deceased died intestate and left no immovable property, the estate, consisting of cash and shares, should be distributed equally among the three minor children, each receiving one-third. The widows, as mothers of the minor children, are to hold the respective shares and cash in trust for their children and utilize the same for their upkeep, education, and upbringing. The Law of Succession Act, Cap 160, governs the distribution, and the court applied its provisions to ensure the welfare of the minor beneficiaries. The widows are not entitled to life interest in the estate as there is no immovable property, and the assets in question are not personal or...
Court Disposition
Estate distributed equally among the three minor children; widows to hold shares and cash in trust for their respective children.
Orders
- Each minor child to receive one-third of the estate, comprising Shs.156,747.45 and 350 shares in Standard Chartered Bank (K) Ltd.
- The 1st Petitioner, Kezia Adego Ragai, to hold in trust the shares and cash for her two minor children and utilize them for their upkeep, education, and upbringing.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
Succession Cause 176 of 2002
IN THE MATTER OF THE ESTATE OF RAGOI NABULE (DECEASED)
A N D
KEZIA ADEGO RAGAI
MARIA ENYAKAI………….................…………………….PETITIONERS
R U L I N G
The deceased, Ragai Nabule, who died on 6/7/2000 was survived by two widows, Kezia Adego Ragai who is the 1st Petitioner and who has two minor children and Maria Enyakai who is the 2nd Petitioner and who has one minor child.
The deceased did not leave immovable property. His estate comprises
(a) Shs.83,192. 05 held by the District Commissioner who received it from the Standard Chartered Bank.
(b) Shs.387,050. 30 death gratuity held by Public Trustee who received it from the Ministry of Finance.
(c) 1050 shares in Standard Chartered Bank (K) Ltd.
(d) dividend Shs.2194. 50
The issue for determination is distribution of the estate among the widows and the minor children.
The deceased died intestate. The law applicable to the administration and distribution of his estate is The Law of Succession Act, Cap 160. The money and shares which constitute the estate of the deceased are not personal effects. The widows are entitled to share equally personal effects of the deceased and household effects. If the deceased had left immovable property, they would also be entitled to life interest in the whole of the residue of the net intestate estate which would determine upon remarriage.
The shares and the cash shall be equally divided between the three minor children of the deceased so that each takes 1/3. My calculations show that each child should take Shs.156,747/45 and 350 shares. The 1st Petitioner who is the mother of the two minor children shall hold in trust the shares and cash of the two children and utilize the same for their upkeep, education and upbringing. The 2nd Petitioner shall hold in trust the shares and cash belonging to the one minor child of the deceased and utilize it for the same purpose. This disposes the only issue for determination before me.
There shall be no order as to costs.
Dated, signed and delivered at Kakamega this 24th day of February 2006.
G. B. M. KARIUKI
J U D G E