In re Estate of Geoffrey Mepukori Parpai (Deceased) [2025] KEHC 456 (KLR) | Succession Administration | Esheria

In re Estate of Geoffrey Mepukori Parpai (Deceased) [2025] KEHC 456 (KLR)

Full Case Text

In re Estate of Geoffrey Mepukori Parpai (Deceased) (Succession Cause 3662 of 2003) [2025] KEHC 456 (KLR) (Family) (28 January 2025) (Ruling)

Neutral citation: [2025] KEHC 456 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 3662 of 2003

EKO Ogola, J

January 28, 2025

IN THE MATTER OF THE ESTATE OF GEOFFREY MEPUKORI PARPAI (DECEASED)

In the matter of

Susan Sein Mepukori

Applicant

Ruling

1. The Summons before this court is dated 20th March 2024. The applicant prays to be appointed as the sole administrator of the estate of the deceased.

2. The deceased died on 5th August 2003. The applicant and Alice Wanjiku Lengete were appointed as administrators of the deceased estate. Alice Wanjiku Lengete died on 15th November 2012. For these reasons, the applicant prays to be appointed as the sole administrator of the estate.

3. Section 81 of the Law of Succession Act provides that the powers and duties of personal representatives vest in the survivor upon the death of one of the co-administrators. The said Section provides that:-“Upon the death of one or more of several executors or administrators to whom a grant of representation has been made, all the powers and duties of the executors or administrators shall become vested in the survivor or survivors of them:Provided that, where there has been a grant of letters of administration which involve any continuing trust, a sole surviving administrator who is not a trust corporation shall have no power to do any act or thing in respect of such trust until the court has made a further grant to one or more persons jointly with him."

4. From the foregoing, I order that fresh Letters of Administration be issued to Susan Sein Mepukori as the sole administrator of the estate of the late Geoffrey Mepukori Parpai.Orders accordingly.

DATED AND DELIVERED AT NAIROBI THIS 28TH DAY OF JANUARY 2025E.K. OGOLAJUDGEIn the presence of:Mr. Nyarigi for the ApplicantGisiele Muthoni Court Assistant