In re Estate of Washington Atieno Juma - Deceased [2023] KEHC 25839 (KLR)

In re Estate of Washington Atieno Juma - Deceased (Succession Cause 685 of 2008) [2023] KEHC 25839 (KLR) (16 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25839 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 685 of 2008

RE Aburili, J

November 16, 2023

IN THE MATTER OF THE ESTATE OF WASHINGTON ATIENO JUMA – DECEASED AND IN THE MATTER OF AN APPLICATION BY ELIZABETH ATIENO JUMA (APPLICANT)

Ruling

1. My perusal of this file shows that the grant of letters of administration intestate was issued on 5th June 2009 to Elizabeth Atieno Juma who never distributed the estate until she died on 17th July 2021.

2. No doubt, that grant became useless and inoperational as the Petitioner despite having the grant confirmed on 23rd April 2010, never demonstrated what steps she took in distributing the estate to the beneficiaries and file into court a true and accurate accounts as stipulated in Section 83 of the Law of Succession Act.

3. For the above reasons, I hereby revoke the grant issued on 5th June 2009 and confirmed on 23rd April 2010 in favour of Elizabeth Atieno Juma to administer and distribute the estate of the late Washington Atieno Juma and order that the beneficiaries of the said estate shall petition for afresh grant of letters of administration of the estate in issue as the grant which was issued on 5th June 2009 became inoperational and useless.

4. This file is closed.

5. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 16TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE