In re Estate of G M A [2015] KEHC 1643 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

SUCCESSION CAUSE NO. 761 OF 2013

IN THE MATTER OF THE ESTATE OF G M A

RULING

1. The deceased G M A  died on the 20th July, 2012. The administrators of the deceased’s estate are Rose Atieno Amoke and Emma Achieng Oray. The beneficiaries  are:

i. R A O          Widow

ii. L A O          Daughter

iii. N A A         Daughter

iv. J A A          Daughter

v. S B A          Daughter

vi. M T A         Daughter

vii. A S O A     Son

2. On the 28th January, 2014 the grant of letters of administration issued on the 13th June, 2013 was confirmed by the Court with an order that the estate of the deceased to be distributed in accordance to the  a consent  of mode of distribution filed in Court on 26th September, 2013. As per the said consent the assests mentioned being the Sacco shares and the retirement benefits were to go to R A A . On the 12th February 2014 parties recorded a consent to include A A  as a beneficiary.  On the 17th March, 2014 the Court ordered a hearing on the mode of distribution of the assets of the deceased incompliance the said Court order.  The first  administrator R A O  filed an affidavit dated 11th of March indicating the, beneficiaries  assets and  mode of distribution as follows:

No. NAME OF BENEFICIARY AGE & STATUS STATUS SCHOOL FEES AND OTHER REQUIREMENT’S FOR MAINTENANCE RESIDES WITH PROPOSED MODE OF DISTRIBUTION

1 R A O, ADULT WIDOW

SELF 20%

2 L A, 25 YEARS MARRIED

MARRIED 5%

3 N  A  A, 18 YEARS MARRIED

MARRIED 5%

4 J  A A, 15 YEARS STUDENT FORM ONE, [PARTICULARS WITHHELD] GIRLS SECONDARY SCHOOL

10%

5 S B A, 11 YEARS STUDENT CLASS 6, [PARTICULARS WITHHELD] ACADEMY R A O 10%

6 M T A, 4 YEARS STUDENT BABY CLASS, [PARTICULARS WITHHELD]ACADEMY R A O 20%

7 A S A,  1 YEAR MINOR

R A O 30%

100%

8 The Petitioner Advocate to be paid from the estate of the deceased

i. Sacco Shares Iberafrica Power (E.A) Ltd Kshs. 260,000/=

ii. Retirement Benefits with Retirement Benefits Authority Kshs. 360,000/=.

iii. Death gratuity at Iberafrica Power (E.A) Ltd estimated at Kshs. 5 to 6 million.

3. Linet Adhiambo Asembo the deceased’s first born from his  first wife S A A (deceased) objected the mode of distribution as stated in the consent to mode of distribution filed by the first administrator . She  has in her affidavit dated 12th June, 2015 deponed that they held a meeting at the petitioner’s advocates office and agreed that the deceased gratuity be shared in the ratio of 52 to 48 percent, 52 going to the petitioner. There is also an affidavit by G O A  a brother to the deceased who states that the deceased had two wives and proposes that the deceased benefits be dividend on a 50:50 basis between R A A  and the children of the first wife.

4. I have considered the proposed mode of the distribution as suggested by the parties. The deceased first wife who is also deceased, left three children who are now  23 years, 17 years and 15 years respectively as stated in the affidavit of  L A . The first administrator’s children are  11 years, 4 years and 1 year respectively as stated in her affidavit . The first administrator’s children are fairly young compared to the second wife’s children. I note that all the deceased’s children need to have proper education and care. I will not make a decision on the personal disputes the parties have had since the deceased death as the main issue for consideration is the mode of distribution. Having considered the age of children in my view the deceased gratuity should be shared in the ration of 60 to 40. 60 going to the petitioner. Of the 60% R A O will get 5%. S B A  will get  10%, M T A  will get  20% and A S  A will get 25%. L A  will get  5%, N A A  will get  10% and J A A  will get 30%. The monies paid out in respect of the minors shall be invested in an Investment Company or Bond. The parties shall adduce evidence of such investment within 45 days from the date of this ruling. Rose Otieno Amoke shall get the Retirement Benefits for Kshs 360,000/= to use for the upkeep of the minors. The lawyers’ fees shall be paid from the estate. The administrators shall furnish records of the account of the status of the investment every six months to the Deputy Registrar of Family Division.  The Sacco shares shall be distributed as per the list of beneficiaries as indicated in the Society’s  records. This being a family matter I make no orders as to costs. It is so ordered.

Dated, signed and delivered this 18thday of September 2015

R. E. OUGO

JUDGE

In the Presence of:

………………………………………………………For the Administrators

………………………………………………………..…… For the Objector

Charity       Court Clerk.