In re Estate of the Late Judith Akinyi Owino (Deceased) [2020] KEHC 2977 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

SUCCESSION CAUSE NO. 72 OF 2016

IN THE MATTER OF THE ESTATE OF THE LATE JUDITH AKINYI OWINO – DECEASED

FAITH AKINYI OWINO.............................................APPLICANT

VERSUS

COLLINS OMONDI OWINO..................................RESPONDENT

RULING

1. I have considered the summons dated 20. 3.2019 brought under Section 76 of the Law of Succession Act and Rules 44, 49 and 73 of the P.&.A Rules.

2. The grant in respect of the estate of the deceased Judith Akinyi Owino was initially made to Collins Owino but by consent dated 28. 9.2016 and issued on the same day, the grant of letters of administration intestate issued to Collins Owino on 20th April 2015 was revoked. As a result, the estate therefore remains without an administrator.

3. As the applicant FAITH AKINYI OWINOis the daughter of the 665rfdeceased who was entitled to a portion of the estate being land Parcel No. Siaya/Hono 1669, and as there is no Objection to the Summons herein, I hereby appoint Faith Akinyi Owino as the Administrator of the estate of the deceased Judith Akinyi Owino and proceed to issue grant of letters of Administration Intestate in her favour to administer the estate of the deceased in accordance with the Law.

4. As this matter has been in Court for too long, I direct the applicant to apply for confirmation of grant before  expiry of 6 months form to date and to identify and list all beneficiaries and file a schedule of distribution of the deceased’s estate within 21 days of today.

5. Mention on 19. 10. 2020 to confirm compliance.

6. Orders accordingly.

Dated, Signed and Delivered at Siaya this 28th day of September, 2020

R.E. ABURILI

JUDGE