In re Estate of JK (Deceased) [2020] KEHC 9378 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

FAMILY DIVISION

SUCCESSION CAUSE NO. 123 OF 2017

IN THE MATTER OF THE ESTATE OF JK DECEASED

RULING

1. The application subject matter of this ruling is dated 10th May, 2019 brought by JNL, a sister and named beneficiary of the will of JK deceased.

2. Prayers 1 and 2 of the said application are spent.  Relevant is the prayer for the release of 50% of her bequest pending determination of the probate cause on account of age, health care and other basic needs.

3. The application met only one objection from DN to the effect that the confirmation and eventual distribution is being delayed by beneficiaries due to their refusal to comply with this court’s order to submit to a DNA test,  secondly the applicant has not demonstrated that she is too ill so as to require interim payment.

4. The deceased herein Hon. JK died testate at Nairobi, at the Agha Khan hospital on 25th December, 2016.  His estate is yet to be distributed due to numerous applications pending in court.

5. The applicant is aged 77 years, the deceased, her brother bequeathed her a substantial amount of money.  She claims to be sick and generally requires money for her upkeep.  She avers that there is need for her to take care of her health before it completely fails.

6. The court is empowered by Section 47 of the Law of Succession Act to entertain any application and determine any dispute and to make any order that may be expedient.  This provision is re-emphasized under Rule 73 of Probate and Administration rules and therefore the application before is proper.

7. The court is of the view that no prejudice is likely to be suffered by DN or any other person for that matter,  should the court allow the applicant in her circumstances to enjoy part of her bequest.

8. I therefore do order and direct the executors pending confirmation of the Grant of Probate , and in line with paragraph 8(1)(4) of the deceased to pay the sum of Kshs.2 Million to JNL being part of her bequest.

9. Costs in the cause.

DATED, SIGNEDandDELIVEREDat NAIROBI this 13th DAY OF February, 2020.

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ALI-ARONI

JUDGE