[2012] KEHC 2771 (KLR)

The court found that since Kioko Kilonzo, a co-administrator, is deceased, his name must be removed from the administration of the estate. However, his share in the estate is preserved and will be dealt with through the administration of his own estate, ensuring that his beneficiaries are not prejudiced by his removal as administrator.

Citation: [2012] KEHC 2771 (KLR)
Parties: Applicant: Ngei Kilonzo; Applicant: Kioko Kilonzo
Court: High Court
Court Station: High Court at Machakos
Jurisdiction: Kenya
Judgment Date: 16 July 2012
Case Number: Succession Cause 482 of 2007
Procedural Posture: Succession Cause / Ruling on Summons for Removal of Co Administrator
Outcome: Application allowed; name of deceased co-administrator removed; deceased's share to be dealt with in his own estate.
Judges: GMA Dulu
Legal Topics: Probate and Administration, Removal of Administrator
Source Language: English

Family and Children Probate and Administration Removal of Administrator

Case Brief

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Parties

Ngei Kilonzo

Applicant

Kioko Kilonzo

Applicant

Procedural Posture

Succession Cause / Ruling on Summons for Removal of Co Administrator

Legal Issues

1 Whether the name of the deceased co-administrator, Kioko Kilonzo, should be removed from the administration of the estate.
2 How the deceased co-administrator's share of the estate should be handled.

Ratio Decidendi

Court Disposition

Application allowed; name of deceased co-administrator removed; deceased's share to be dealt with in his own estate.

Orders

The name of Kioko Kilonzo is removed as co-administrator of the estate of the late Kilonzo Vyalu.
The deceased's share of the estate will remain and be dealt with through the administration of his own estate.