In re Estates of Harun Konzolo Ehalanga (Deceased) and Benjamin Anjugu Muzami (Deceased) [2022] KEHC 10030 (KLR)

In re Estates of Harun Konzolo Ehalanga (Deceased) and Benjamin Anjugu Muzami (Deceased) (Succession Cause 518 of 2009) [2022] KEHC 10030 (KLR) (13 May 2022) (Ruling)

Neutral citation: [2022] KEHC 10030 (KLR)

Republic of Kenya

In the High Court at Kakamega

Succession Cause 518 of 2009

WM Musyoka, J

May 13, 2022

Ruling

1. I have read though the petition dated 2nd October 2020, for appointment of an administrator to replace one who has died. The opposition to it is by a notice of preliminary objection dated 20th July 2021, on grounds that the grant on record ought to be revoked to pave way for a fresh one being made to the surviving administrator under section 81 of the Law of Succession Act, Cap 160, Laws of Kenya.

2. There are two estates being administered together in this cause, which is unorthodox and impermissible, for administration of estates of different dead persons ought not to be lumped together, instead they should be handled separately, and there should be separate succession causes for each. I shall, however, not separate the causes, given that this is an old matter.

3. Only one of the administrators has died, and the other administrator survives. Under section 81 of the Law of Succession Act, there is no need to revoke the grant and appoint fresh administrators, instead the court ought to confirm the surviving administrator to continue administration to completion.

4. The present application seeks appointment of a fresh administrator to replace the one who has died, and presumably to confirm the surviving administrator to work with him to complete administration. I see no reason why that cannot be done. I accordingly allow the application dated 2nd October 2020, to appoint the applicant as administrator, and confirm Lufina Makhungu Muzami as co-administrator. Let a grant issue to them accordingly, under Schedule 5 Rule 20 of the Law of Succession Act, for letters of administration intestate of assets unadministered, and the certificate of confirmation of grant on record shall be amended to reflect those changes. It is so ordered.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA ON THIS 13thDAY OF May. 2022WM MUSYOKAJUDGEErick Zalo, Court AssistantMr. Mukabwa, instructed by SBA Mukabwa & Co., Advocates for the applicant.Mr. Chitwa, instructed by DC Chitwa & Company, Advocates, for the respondent.