[2013] KEHC 5127 (KLR)
The court found that the administrators have a legal obligation to provide for the education of minor beneficiaries from the estate. Given that the administrators did not object to the payment of school fees, and only requested that payments be made directly to the educational institutions, the court directed that...
Source-derived case information.
- Citation
- [2013] KEHC 5127 (KLR)
- Parties
- Applicant: Monicah Waithera Mburu; Applicant: Rahab Beatrice Njambi Mburu; Respondent: Administrators of the Estate of Samson Mburu Huho
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2649 of 2011
- Procedural Posture
- Succession Cause / Ruling on Application for Payment of School Fees From Estate
- Outcome
- application allowed in part
- Legal Topics
- Estate Administration, Maintenance of Minors, Education Expenses, Duties of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monicah Waithera Mburu
Applicant
Rahab Beatrice Njambi Mburu
Applicant
Administrators of the Estate of Samson Mburu Huho
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Payment of School Fees From Estate
Legal Issues
- 1 Whether the administrators of the estate should be ordered to pay school fees for the minors from the estate funds.
- 2 Whether payment should be made directly to the educational institutions or otherwise.
Ratio Decidendi
The court found that the administrators have a legal obligation to provide for the education of minor beneficiaries from the estate. Given that the administrators did not object to the payment of school fees, and only requested that payments be made directly to the educational institutions, the court directed that the fees for Monicah Waithera Mburu be paid directly to Mount Kenya University and that the administrators meet the secondary school fees for Rahab Beatrice Njambi Mburu upon receipt of the relevant fee structure. The applicant is to cater for all other needs of the children, and is required to keep the administrators updated on fees due to avoid future inconvenience. The orders...
Court Disposition
application allowed in part
Orders
- Administrators to pay Kshs.44,550.00 directly to Mount Kenya University for Monicah Waithera Mburu's tuition and hostel fees.
- Administrators to pay Rahab Beatrice Njambi Mburu's secondary school fees upon receipt of the original fee structure.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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IN THE MATTER OF THE ESTATE OF SAMSON MBURU HUHO -DECEASED
RULING
The summons dated 16th January 2013 seeks in the main an order that this court commands the administrators to pay school fees for the minors, Monicah Waithera Mburu and Rahab Beatrice Njambi Mburu.
Miss Muigai for the administrators indicated during argument that the administrators have no objection to paying the fees, save that they preferred that the money be paid directly to the schools.
Regarding Monicah Waithera Mburu, the material placed before the court indicates that she is a student at Mount Kenya University. The fees payable is Kshs.44,550. 00, catering for tuition fees and for the hostel. I direct that the amount of Kshs.44,550. 00 be paid directly to the University by the administrators to the account of Monica Waithera Mburu. The applicant shall cater for all the other needs of the child.
Rahab Beatrice Njambi sat for the be Kenya Certificate of Primary Education (KCPE) in 2012. She is therefore due to commence secondary education in 2013. Miss Muigai has indicated that the administrators have no objection to paying school fees for her secondary education so long as the fees structures are forwarded to them for payment. Regarding this child, Rahab Beatrice Njambi, I direct that the administrator shall meet her secondary school fees.
The applicant shall immediately upon the receipts of the child's administration letter to a secondary school forward the true original copy of the fees structure to the administrator, through counsel, and the administrators shall settle the fees indicated forthwith.
To avoid hiccaps in future, I direct that the applicant, through counsel, shall keep the administrators updated in good time of the college and school fees due for payment to enable the administrators arrange settlement of the fees in time to avoid inconveniencing the minors. For the avoidance of doubt, the applicant shall cater for all the other needs of the children pending other or further orders.
It is so ordered.
W. Musyoka
Judge
DATED, SIGNED and DELIVERED at NAIROBI this 15th DAY OF FEBRUARY, 2013.