In Re Estate of Jason Richard Asembo Okinda (Deceased) [2010] KEHC 1538 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT ELDORET

Probate & Administration 115 of 2005

IN THE MATTER OF THE ESTATE OF JASON RICHARD ASEMBO OKINDA

R U L I N G

De Bonisnon

1. Background

(1)On the 10th November 1999 thelate

Jason Richard Osembo Okinda (deceased) died in a road traffic accident aged, 75 years old; at the Pacific Hospital.

(2)His estate was taken up by four administrators:

(i)James Otieno Asembo

(ii)Robert Calvin Asembo

(iii)Phelia Asembo (Administratrix) and

(iv)Maxwell Asembo.

(3)The deceased died intestate

(4)Temporary letters of grant was issued on the 4th October2005 Gacheche J and confirmed on the 8th June 2007 Ibrahim J

(5)The Administrators return to this

Court to State that one of the administratrix Phelecia Asembo related to the deceased as the widow has also since passed away.They bring an appeal De Bonis non.

(5) (a)They act in person in this Matter

II.Application De Bonis non

(6)The Applicant RoseAchieng Asembo,

brings an application of 13th July 2010 (an earlier one having been withdrawn) seeking orders that she takes the place of the deceased administratrix instead of and to be named an administrator.

(7)She mentions the assets of the

deceased and liabilities left.

III.Opinion

(8)The maximum number of

administrators or executors to a grant is four.

(9)Where one administrator passes away

and some remain, then those who remain can continue with administrating the grant. Where there is only one administrator then an application “De Bonis non” must be made.

(10)It isfurthernoted where there are

minors there must be two

administrators under Section 58 of the

Law of Succession.

(11)In this matter all the survivors to the

deceased’s estate are adults.

(12)The Applicant wishes to be an

adminstratrix to take the place of the deceased administratrix.There is nothing in the law preventing her from doing so.

(13)I therefore follow my decision in the

matter of the case of the Estate of Cheruiyot Arap Keter HCC. Succ. Cause 200/2006 at Kericho where an application de Bonis non was granted.

(14)Thisapplication is accordingly

granted with costs being in the estate.

(15)Ordera new grant to issue intestate

With the four administrators /administrator as duly allowed by this Court.

DATED THIS 14TH DAY OF JULY 2010 AT ELDORET.

M.A. ANG’AWA

JUDGE

Advocate:-Nil

Applicant in person