In Re Estate of Dishon Kyengo Musyimi Alias Kyengo Musyimi (Deceased) [2014] KEHC 3522 (KLR)

No  .340/2014

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

SUCCESSION CAUSE NO. 1103  OF 2012

IN THE MATTER OF THE ESTATE OF DISHON KYENGO MUSYIMI ALIAS KYENGO MUSYIMI (DECEASED)

ZIBORAH NDUNGWA MAKAU…………………………………..……..APPLICANT

RULING

By an application dated 28th March, 2014, the applicant seeks to substitute Esther Kalekye Kyengo(deceased) as an administratix of the estate of Dishon Kyengo MusyimialiasKyengo Musyimi.

The application is premised on grounds that Esther Kelekye Kyengois now deceased.  The applicant being her daughter is better placed to administer her estate.

It is also supported by an affidavit deponed by the applicant who reiterates what is stated in the body of the application and grounds relied upon.

Other beneficiaries of the estate of the deceased who were in attendance consented to the order.

Evidence of demise of the deceased (Esther) is established by a death certificate No. 0100748.  She died on the 31st December, 2013 at Kasarani.

In the premises, I do allow the application as prayed.

It is so ordered.

DATED, SIGNEDand DELIVERED at MACHAKOS this 4THday of JULY 2014.

L.N. MUTENDE

JUDGE