IN RE THE MATTER OF ESTATE OF RAPHAEL CHERUIYOT ROTICH (DECEASED) [2009] KEHC 41 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT

AT KERICHO

Succession Cause 250 of 2005

ESTATE OF RAPHAEL CHERUIYOT ROTICH………         ……DECEASED

AND

JULIANA CHERONO ROTICH        ………………….. 1ST PETITIONER

PRISCILLA CHEPKEMOI ROTICH ………………… 2ND PETITIONER

RULING

Rectification of grant dated17th July 2009

I. Background

1. I confirmed the grant of letters of administration intestate on                        19th May 2009. The estate was distributed.

2. Raphael Cheruiyot Rotich a male adult aged 56 years old a teacher by profession passed away on 14th February 2005. He left assets which included money in a bank account. Out of this sum most of the moneys was attributed to a pension payment. The applicants the two widow administratix were informed through their advocate and the bank that there was still an excess of Ksh.580, 797/45 from the pension fund it be paid to the deceased. The applicants now apply in their application of 17th July 2009 whether the said sum could be divided equally between the two of them at Ksh.290, 399/= each? They do so by way of rectification application.

II. Opinion

3. The funds being put into the deceased’s account comes from the pensions department. The deceased may have retired at the age of 55 years old. He died at the age of 56 years old on 14th February 2005. From the bank statement, a pension account deposit No.360003169382. They continue to do this long after the deceased have passed away. The possibility of an overpayment by the pensions department may arise. The pension money is stopped and new pensions issued to a widow of the deceased for a specified period. School fees are also provided for by the pensions department.

4. Before the court makes any order for a pension sum to be approved it is ordered that the following information be made available:-

(i)      That the Pension’s Department confirms that they are aware the deceased died on14th February 2005.

(ii)     That they confirm to this court that no refund is to be made to them.

(iii)    That they confirm what the shares of the two widows if any after the death of the deceased on pension is.

(iv)    The sum of school fees entitled to the children of the deceased be disclosed.

5. That this information as far as possible be by way of an affidavit presented to court.

6. This matter would be mentioned at a date convenient to parties to confirm the above before orders of the excess funds are made.

Dated this 30th day of November 2009 at Kericho

M. A. ANG’AWA

JUDGE