Jane Gaudencia Achieng Kinda (suing as the personal representative of the Estate of Hesbon Kinda Atieno & David Oluoch Kinda (both deceased) v Charles Mageto, Douglous Ojwang' Onachi & Michael Kamau Ndegwa t/a Bomar Safaris [2015] KEHC 3641 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

CIVIL SUIT NO. 1209 OF 1999

JANE GAUDENCIA ACHIENG KINDA (Suing as the personal

representative of the Estate ofHESBON KINDAATIENO & DAVID

OLUOCH KINDA (both deceased)......................................................PLAINTIFF

VERSUS

1. CHARLES MAGETO

2. DOUGLOUS OJWANG' ONACHI

3. MICHAEL KAMAU NDEGWA T/A BOMAR SAFARIS......................DEFENDANTS

RULING

1. Before this court is a motion dated 26th June, 2015. The Plaintiff seeks that she be granted leave to act in person and that the balance of the decretal amount of KShs. 4,560,137. 85/= be remitted directly to her and not to her current advocates Amolo & Kibanya Advocates. The grounds upon which this application has been made is that the Plaintiff has fallen out with her said advocates and that she has previously had difficulty in the remittance to her of monies paid through her said advocates. She expressed her need for the money stating that she intends to use the money to pay for her daughter Grace Kinda and Joshua Brian Ogwedhi Otieno school fees.

2. The Plaintiff exhibited documents to prove that the said children are hers and documents confirming that she intends to pay school fees as alleged. This coupled with the fact that the application was not objected to, I find merit in this application and it is allowed as prayed.

Dated, Signed and Delivered in open court this 17th day of July, 2015.

J. K. SERGON

JUDGE

In the presence of:

............................ for the Plaintiff

.....................................for the 1st Defendant

.....................................for the 2nd Defendant

.....................................for the 3rd Defendant