Mulondu Kitema v Josephine Wavinya Kithome [2014] KEHC 7122 (KLR)

No.202/2014

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

SUCCESSION CAUSE NO. 1 ‘B’ OF 2004

IN THE MATTER OF THE ESTATE OFKITEMA MUTISO(DECEASED)

MULONDU KITEMA..........................................................................PETITIONER

VERSUS

JOSEPHINE WAVINYA KITHOME.....................................................OBJECTOR

RULING

By an Application dated 19th April, 2013, Alice Munyiva Mutuku seeks rectification of a Grant of Letters of Administration issued herein in order to have the name of Mulondu Kitema now deceased substituted.

The Application is based on grounds that the deceased, who was the legal administrator of the estate, has since died before administering the estate of Kitema Mutiso.  The rectification is therefore in the best interest of the estate of the deceased.

Evidence of Mulandu Kitema’s demise is proved by a Death Certificate No. 085616.  He passed away on the 5th March 2010.  Family members who are beneficiaries in this cause have consented to his daughter Alice Munyiva Mutuku,the Applicant herein taking up his place as the administratix of the estate of Kitema Mutiso.  In the premises, I do allow the application as prayed.

It is so ordered.

DATED, SIGNED and DELIVEREDat MACHAKOS this 13THday of FEBRUARY 2014

L.N. MUTENDE

JUDGE