In re Estate of Jackson Mutua Mbula (Deceased) [2023] KEHC 25496 (KLR)

In re Estate of Jackson Mutua Mbula (Deceased) (Succession Cause E2079 of 2021) [2023] KEHC 25496 (KLR) (Family) (16 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25496 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause E2079 of 2021

EKO Ogola, J

November 16, 2023

In the matter of

Jackline Twili Sammay

1st Administrator

Kennedy Mutua Mbula

2nd Administrator

Ruling

1. Before this Court is an application dated 24th July 2023. The Administrators pray for the following Orders: -a.That this Honorable Court be pleased to set aside the Orders made on 19th January 2023 dismissing the Administrators/Applicants’ petition dated 12th October 2021 for alleged want of prosecutionb.That upon reinstatement as sought in prayer (1) above, the Court be pleased to give directions on timelines within which Summons for Confirmation of Grant are to be filed and further to fix a date for the Confirmation of the Grant of Letters of Administration intestate issued on 24th January 2022. c.That costs of this Application be in the cause.

2. The application is based on the grounds set out therein and the Supporting Affidavit sworn by the administrators.

3. The deceased died intestate on 25th November 2020. His widow Jackline Twili Sammay and his two children Kennedy Wambua Mutua and Andrew Muthui (minor) survived him. Grant of letters of administration intestate was issued on 24th January 2022 to Jackline Twili Sammay and Kennedy Wambua Mutua.

4. After the grant was issued, there was no activity in the file. On 19th January 2023, the suit was closed. The administrators deposed that they realized about this closure when their counsel attempted to file Summons for Confirmation of Grant on 20th July 2023. According to them, they were not aware that they were required to take any steps in the matter after the issuance of the grant. They averred that neither they nor their counsel had been served with a notice to show cause.

5. Section 71 of the Law of Succession Act provides as follows:-“After the expiration of a period of six months, or such shorter period as the court may direct under subsection (3), from the date of any grant of representation, the holder thereof shall apply to the court for confirmation of the grant in order to empower the distribution of any capital assets.”

6. It is trite law and common knowledge that after the issuance of grant, the administrators are required to apply for confirmation of grant after six months. The administrators and their counsel’s ignorance is not a defence. However, it is in the interest of justice that the deceased estate is distributed. I hereby allow the application dated 24th July 2023 as prayed. The suit is hereby reinstated and administrators are directed to comply with Section 71 of the Law of Succession Act. Costs be in the Cause.

It is so ordered.

DATED AND DELIVERED AT NAIROBI THIS 16THDAY OF NOVEMBER 2023. ………………………………………E.K. OGOLAJUDGE