In re Estate of John Kinoro Kanai (Deceased) [2016] KEHC 6494 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

SUCCESSION CAUSE NO. 2188 OF 2013

IN THE MATTER OF THE ESTATE OF JOHN KINORO KANAI alias JOHN KINORO MBAKA (DECEASED)

DIRECTIONS

I had directed on 31st July 2015 that County Commissioner for Kiambu County should cause a report to be filed on the general status and circumstances of the widow of the deceased, Teresiah Wambui Kinge.

A letter from the County Commissioner, dated 24th September 2015, has been availed. It merely says that the said woman is a resident of Ndumberi Sublocation in the County, and a widow of the deceased.

The letter does not address the issues that are pertinent to these proceedings. It should have addressed the general mental status of the woman, being mindful, of course, to the fact that the County Commissioner is not a psychiatrist. It should have also mentioned where she lives and with whom, or who takes care of her. It should have also indicated whether she lives with her children, and if not, where the said children are and under whose care.

I hereby therefore direct the County Commissioner to avail a report to court along the lines set out in paragraph 3 above.

The question of the mental status of the subject, Teresiah Wambui Kinge, can only be validly commented on by a mental specialist. I shall leave it to the parties to make a relevant application, if they are so minded, to have her examined by a psychiatrist, whose report should then be placed before the court.

DATED, SIGNED and DELIVERED at NAIROBI this 24TH DAY OF FEBRUARY, 2016.

W MUSYOKA

JUDGE