[2009] KEHC 199 (KLR)
The court determined that the remaining estate funds should be apportioned primarily for the benefit of the minors, with Kshs. 200,000 allocated and invested in an interest-earning account. The administrators are permitted to access only the interest generated for the minors' upkeep, while the principal remains...
Source-derived case information.
- Citation
- [2009] KEHC 199 (KLR)
- Parties
- Applicant: P.C.S; Applicant: I.K.R; Respondent: T.K.R (Deceased)
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 84 of 2007
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant
- Outcome
- Orders granted as per apportionment and investment directions.
- Legal Topics
- Succession of Estates, Distribution of Deceased Assets, Protection of Minors, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P.C.S
Applicant
I.K.R
Applicant
T.K.R (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant
Legal Issues
- 1 Whether the remaining estate funds should be apportioned among the minors and adult beneficiaries.
- 2 How the funds should be invested and accessed for the benefit of the minors.
Ratio Decidendi
The court determined that the remaining estate funds should be apportioned primarily for the benefit of the minors, with Kshs. 200,000 allocated and invested in an interest-earning account. The administrators are permitted to access only the interest generated for the minors' upkeep, while the principal remains untouched until each minor attains majority. The remaining Kshs. 60,000 is to be distributed among the adult children and the widow. This approach ensures the protection and long-term benefit of the minors, in line with the Law of Succession Act and the duty of administrators to safeguard the interests of minor beneficiaries.
Court Disposition
Orders granted as per apportionment and investment directions.
Orders
- Kshs. 200,000 to be apportioned among the minors as specified and invested in an interest-earning account with the Housing Finance Company of Kenya in the names of the two administrators and the Registrar High Court of Kenya at Kericho.
- Administrators may access only the interest from the invested sum for the upkeep of the minors; the principal is to remain intact until each minor attains majority.
Full Case Text
Judgment text and source record
66 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
Succession Cause 84 of 2007
IN THE MATTER OF THE ESTATE OF THE LATE
1. Family LaW
2. Subject of main matter
i) Law of Succession
ii) Further affidavit of the deceased assets.
ii) Out of financial assets of Kshs. 433,546. 85 being gratuity, only 260, 585. 70 is left.
3. Held
The sum of 200,000 be appointed for the minors as follows
a)Douglas Kipchirchir Rono minor 15 years 9th January, 2009 – Kshs. 20,000/=
b)Jacob Kiplangat Rono minor 13 years 9th January, 2009 – Kshs. 30,000/=
c)Lispine Chemutai Rop minor 11 years on 9th January, 2009 - Kshs. 40,000/=
d)Winny Chepkirui Rop minor 6 years on 9th January, 2009 – Kshs. 50,000/=
e)Shadrack Kiprotich minor 7 years on 9th January, 2009 – Kshs. 60,000/=
Total Kshs. 200,000/=
=============
Over 18 years old
That Ibrahim Kibet Rono - Kshs. 15,000/=
Silyia Kibet Rono - Kshs. 15,000/=
Widow - Kshs. 30,000/=
Sum Kshs. 200,000/- invested interest earning account in joint names of two administrator
and Registrar High Court of Kenya. Access to interest only.
4. Case Law– Nil
5. Advocates
F. O. Koko advocate instructed by M/S Obondo Koko & Co. advocates for the Petitioners/applicants - present
T.K.R…………………… ………………………… DECEASED
AND
P.C.S ………………1ST PETITIONER
I.K.R…………………………………..2ND PETITIONER
RULING
NO. 2
Further ruling on confirmation of grant
I: Background
1. The grant herein has been confirmed on condition that moneys be invested on behalf of the minors.
2. By further affidavit of 3rd November, 2009 the widow confirms she has utilized most of the moneys for school fees. What is now left out of a sum of almost Kshs. 433,000/= is Kshs. 260,000/=.
3. The court hereby makes the following orders:-
i) That the sum of Kshs. 200,000/= be apportioned for the benefit of the minors as follows;
a) D.K.R minor 15 years
on 9th January, 2009 – Kshs. 20,000/=
b) J.K.R minor 13 years
on 9th January, 2009 – Kshs. 30,000/=
c) L.C.R minor 11 years
on 9th January, 2009 - Kshs. 40,000/=
d) W.C.R minor 6 years
on 9th January, 2009 – Kshs. 50,000/=
e) S.K minor 7 years
on 9th January, 2009 - Kshs. 60,000/=
Total Kshs. 200,000/=
============
This sum be invested (see orders below)
4. The sum of Kshs. 60,000/= be apportioned amongst the adult children as follows:
I.K.R - Kshs. 15,000/=
S.K.R - Kshs. 15,000/=
Widow - Kshs. 30,000/=
Total Kshs. 60,000/=
===========
5. That the sum of Kshs. 200,000/= above be invested in an interest earning account with the Housing Finance Company of Kenya in the names of the two administrators and the Registrar High Court of Kenya at Kericho.
6. That the administrators may access the interest only from this sum for the up keep of the minors. The principal sum of Kshs. 200,000/= is not to be touched until each child attains the ages of majority.
7. Costs in the estate.
DATEDthis 23rd day of November, 2009 at KERICHO
M.A. ANG’AWA
JUDGE
F. O. Koko advocate instructed by M/S Obondo Koko & Co. advocates for the Petitioners/applicants - present