In re Estate Of Habiba Abdi Huka (Deceased) [2016] KEHC 627 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT GARISSA

SUCCESSION CAUSE NO. 41 OF 2015

IN THE MATTER OF THE ESTATE OF HABIBA ABDI HUKA (DECEASED).

RULING

Before me is a summons for confirmation of grant dated 29th July 2016 filed by the Assistant Public Trustee – Garissa. The application is for confirmation of the letters of administration herein issued by this court on 13th July 2016.

The application for confirmation of grant was filed before the lapse of the 6 months statutory period, but the Assistant Public Trustee Mr. Miyogo in asking the court to grant the orders said orally in court that the assets were just monetary gratuity and that the Kadhi’s court has already determined the distribution of the estate in accordance with Islamic Law of inheritance.

I have myself seen the distribution determined by the Kadhi at Mandera on 21st August 2015 in Mandera Kadhi’s Court Succession Cause No. 16 of 2014.

I thus find no reason to decline the request, and allow the application herein and confirm the letters of administration issued to the Public Trustee herein. Distribution of assets will be as has been determined by the Kadhi’s court. Certificate of confirmed grant to issue.

Dated and delivered at Garissa this 16th November 2016.

GEORGE DULU

JUDGE