In Re The Estate of Stanley Kipkemoi Chepkwony (Deceased) [2009] KEHC 848 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KERICHO

Succession Cause 183 of 2007

1.     Family Law

2.     The Law of succession

3.     Application for confirmation of grant (28. 7.08)

a.     deceased, male adult aged 44 years old on29. 4.07

b.     Cause of death pneumonia

c.     form P&A 30 – Principal Registry 7th November, 2007

d.     Kenya Gazette 19th June, 2007.

e.     Letters of grant  8. 11. 07 (KimaruJ)

f.     Survivors

widow aged 36 years old

five children :- 3 minor daughters aged

16,13 and 3 years old

two minor sons aged 8 and 3 years old

4. Under rule 41(3) P&A rules court directs breakdown of assets required.

a) Only assets is Barclays Bank account having funds

5. Two administrators provided being  widow and brother to deceased.

6. Held

Application for confirmation of grant allowed with apportionment as per courts orders and children shares

7. Case Law - Nil

8. Advocate

M/S J.M. Motanya & Co. advocate for the Petitioner - present

STANLEY KIPKEMOI CHEPKWONY ……………..DECEASED

AND

WINNY CHEMUTAI CHEPKWONY …………. 1ST PETITIONER

GEOFFREY KIPCHIRCHIR BIEGON ………… 2ND PETITIONER

RULING

Confirmation of letters of grant intestate dated 28th July, 2009

I: Background

1.     Stanley Kipkemoi Chepkwony (deceased) passed away on the 29th April, 2007 having died at the age of 44 years old.  The cause of death was pneumonia due to respiratory failure due to Aids Kaposi Sanome.

2.     He left behind a widow aged 36 years old and five minor children.  Three daughters aged 16, 13 and 3 years old and two minor sons aged 8 and 3 years old.

3.     As minors are named in this estate under   Section 58 of the Law of Succession Cap 160 a resulting trust is created.  This means a minor of two administrators must apply to administer the estate.

4.     The widow to the deceased together with the brother to the deceased applied for letters of grant intestate on the 16th June, 2007.  Although the Kenya Gezette Notice was issued on           16th June, 2007 the very same day the grant was applied for, the Probate Law requires that an application made outside the Principal Registry must first apply for form P&A. 30 to ensure that no other similar grant has been applied for. This form was received to this court or the                  8th November, 2007, dated 7th November, 2007.

5.     Letters of grant of administration intestate were issued on the 8th November, 2007, Kimaru J.

6.     The applicant adminstratix and administrator now come to apply for confirmation of the said grant.

II: Confirmation of grant

7.     The only asset the deceased had was a bank account No. 753684131 with the Barclays Bank Ltd (Moi Avenue)Nairobi.

8.     The deceased was described as an artisan and no indication that he had benefits from formal employment with Telkom.

9.     The assets in that bank was for Kshs. 1,114,616/35 as of 18th June, 2009.

10.  This court was not informed the sum of Benefits with Telkom.  The deceased would have indicated to his employer how this would be approved.

II: Findings

11.  I hereby apportion the estate as follows:-

11a)     Benefits from Telkom (K) ltd as per the wishes of the deceased indicated to the company, failure to that all the benefits go to the deceased lawfully widow Winny Chemutui Cheypkwony

11b)      That the sum of Ksh. 1. 114. 616/35 held with the Barclays Bank of Kenya Moi Avenue be apportioned as follows:-

In 2009

i)      B.C aged 17 years old daughter. Kshs. 200,000/=

ii)      F.C aged 14 years old daughter. Ksh. 200,000/=

iii)     F.K aged 9 years old son.

Kshs. 200,000/=

iv)     L.K aged 6 years old, son

Kshs. 200,000/=

v)      I.C aged 4 years old daughter Kshs. 200,000/=

11c)      That the balance of Kshs. 114,616. 35 be paid to the widow Winny Chemutai Chepkwony.

12.  I make orders that the sum of Kshs. 1 million apportioned amongst the minor children be invested in an interest earning account in favour of the said minors until they have attained the age of majority.  That the sum be deposited in an interest earning account with the Barclays Bank Ltd Moi Avenue in the name of the two administrator and the Registrar of the High Court of Kenya at Kericho.

13.  That the interest from the principal sum may be released to the administrix and administrator for the up keep of the minors on application.

14.  That the principal sum of Kshs. 200,000/= each per child should not be touched till the children attain the age of majority.

15.   I hereby award costs to be in the estate.

DATEDthis 31st day of July, 2009 at KERICHO

M.A.ANG’AWA

JUDGE

Advocate

M/S J.M. Motanya & Co. advocate for the Petitioner - present