In re Estate of Mikael Alaro Omolo alias Alaro Omolo (Deceased) [2024] KEHC 11750 (KLR)

In re Estate of Mikael Alaro Omolo alias Alaro Omolo (Deceased) (Miscellaneous Succession Cause 226 of 2024) [2024] KEHC 11750 (KLR) (30 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11750 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Cause 226 of 2024

RE Aburili, J

September 30, 2024

IN THE MATTER OF THE ESTATE OF MIKAEL ALARO OMOLO alias ALARO OMOLO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY HELENA ADONGO ALARO and RICHARD OMOLLO ALARO - PETITIONERS

Ruling

1. The Petitioners Helena Adongo Alaro and Richard Omollo sought for grant of letters of administration intestate to administer the estate of Mikael Alaro Omolo alias Alaro Omolo (deceased) vide Kisumu CM Succession Cause No. E331 of 2024. They paid full court fees for filing of the petition on 13th September 2024.

2. However, the file was brought to this court by the Chief Magistrate’s court seeking for transfer of the Succession Cause to Maseno SPM’s court on account that the deceased and beneficiaries hail from the geographical jurisdiction of Maseno SPM’s court.

3. This is evidenced by the letter dated 29th August 2024 by the Assistant Chief, Kaila Sub-location, East Seme Location, Paw-Akuche introducing the estate, beneficiaries and assets.

4. For the above reason, I hereby transfer Kisumu CM Succession Cause No. E331 of 2024 to Maseno Senior Principal Magistrate’s Court for hearing and determination.

5. The original Kisumu CM Succession No. E331 of 2024 to be transmitted to Maseno SPM’s court via e-portal, with copy of this order being served upon the Petitioners notifying them of the transfer of the cause, by Maseno court upon receipt of the transferred file.

6. This file is closed.

7. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 30THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE