In re Annah Nenchungei Koikai (Deceased) [2021] KEHC 1056 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

SUCCESSION CAUSE NO 4 OF 2017

(CORAM: F.M. GIKONYO J.)

(Formerly Nakuru High Court Succession Cause No 457 of 2012)

IN THE MATTER OF ANNAH NENCHUNGEI KOIKAI (DECEASED)

SIRERE OLE KOIKAI....................................1ST APPLICANT

VERONICAH NASEI PARMUAT.................2ND APPLICANT

JOHN PURKOKOIKAI..................................3RD APPLICANT

-versus-

FRANCO NAURORI KOIKAI.......................1ST RESPONDENT

LUCIA NANTOTI KOIKAI...........................2ND RESPONDENT

MICHAEL KOILEKEN KOIKAI..................3RD RESPONDENT

RULING

[1]  In a ruling delivered on 26th October 2021 the beneficiaries herein were directed to propose two names of persons eligible for appointment as administrators within 14 days.

[2]  On 10th November 2021 the applicants through their legal counsel proposed the following persons for consideration by the court for appointment as administrators of the estate of the deceased;

i.Sirere Koikai ID. NO. xxxxx- Male

ii.Veronica Nasei Parmuat ID NO. xxxxx- Female

[3]  On 11th November 2021, counsel for the 1st, 2nd and 3rd respondents forwarded to this court a list of two people they propose to be appointed as administrators, namely;

i.    Catherine Sapiata Koonyo Id No. xxxxx

ii.   Maureen Soila Paswa Id. No. xxxxx

[4]  Upon consideration of the interest of the beneficiaries, the circumstances of the case and the law, in exercise of court’s final discretion under section 66 of the Law of Succession Act, I make the following orders;

i.   The grant of letters of administration intestate made herein on 21st September 2012 and confirmed on 6th June 2019 to Franco Naurori Koikai, Lucia Nantoti and Micheal Koileken Koikai is hereby revoked;

ii. I make a grant of letters of administration to Sirere Koikai, Veronica Nasei Parmuat Catherine Sapiata Koonyo and Maureen Soila Paswa who are now the administrators of the estate. The grant is confirmed and the administrators shall administer and distribute the estate in accordance with the orders of the court encapsulated in the Certificate of Confirmation of Grant issued on 25th July 2019. For the avoidance of doubt, the administrators shall remedy any acts which may have been undertaken in contravention with the orders of distribution of the estate.

iii. The administration to be completed within six months and a final account on completed administration to be filed accordingly on or before the next appointed date in this case.

iv. When and where necessary, the administrators or any beneficiary may apply for appropriate orders necessary to facilitate distribution of the estate.

v.  Each party shall bear their own costs.

DATED, SIGNED AND DELIVERED AT NAROK THROUGH TEAMS APPLICATION, THIS 14TH DAY OF DECEMBER, 2021

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F. GIKONYO M.

JUDGE

In the presence of:

1.  Masikonde for the applicants

2.  Adama  for Respondents

3.   Kasaso - CA