In re Estate of Indeche Waswa Wikinza (Deceased) [2023] KEHC 20338 (KLR) | Grant Of Letters Of Administration | Esheria

In re Estate of Indeche Waswa Wikinza (Deceased) [2023] KEHC 20338 (KLR)

Full Case Text

In re Estate of Indeche Waswa Wikinza (Deceased) (Succession Cause 569 of 2015) [2023] KEHC 20338 (KLR) (21 July 2023) (Ruling)

Neutral citation: [2023] KEHC 20338 (KLR)

Republic of Kenya

In the High Court at Kakamega

Succession Cause 569 of 2015

WM Musyoka, J

July 21, 2023

IN THE MATTER OF THE ESTATE OF INDECHE WASWA WIKINZA alias INDECHE WASWA WIKUNZA (DECEASED)

Ruling

1. After I delivered a ruling herein, on October 21, 2022, I fixed the matter for mention to have administrators appointed herein.

2. At the mention, only Mr Shivega proposed an administratrix. Mr Ondieki indicated that he needed time to get instructions. I granted Mr Ondieki time for that purpose. At the next mention, only Mr Shivega was in attendance.

3. The that Mr Shivega represents is not a survivor of the deceased herein, but claims that the estate asset, Kakamega/Lubao/700, initially belonged to her father, and questions how it came to be registered in the name of the deceased herein. Ideally, that is a question that should not be determined in these probate proceedings, and should be placed before the Environment and Land Court in separate proceedings.

4. Ideally, Mr Shivega’s client does not qualify for appointment. However, seeing that Mr Ondieki and his clients are not keen on moving the matter forward, I am left with no option but to appoint her as administratrix.

5. The order that I hereby make is to appoint Agnes Imisa Kulebi administratrix of the estate herein, to secure her interest in the matter. Additional administrators may be appointed in future, as and when Mr Ondieki and his clients will be ready to propose names for appointment. A grant of letters of administration intestate to issue accordingly to Agnes Imisa Kulebi, who shall apply for confirmation of her grant within 60 days. I shall allocate a date for compliance.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA ON THIS 21ST DAY OF JULY 2023WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.AppearancesMr. Shivega, instructed by Victor Shivega & Company, Advocates for the applicant.Mr. Ondieki, instructed by Gichaba Ondieki & Company, Advocates for the respondents.