SALLY CHEPKORIR KOSKEI v ABDI RUTO [2009] KEHC 704 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KERICHO

Succession Cause 59B of 2001

1  Family Law

Subject – Law of Succession

i)  De Bonis Non

ii) The deceased male adult aged 60 years died on2. 9.00.

iii) Estate administered by widow as of 25. 2.02 (Visram J)

iv) Widow dies leaving estate assets; unadministered.  Date of death of widow 26. 8.03.

3.    Application 15. 10. 08 – De Bonis Non

4.    Held

i) Application granted

ii) New administration be substituted with one who had already died.

5.    Case Law - Nil

6.    Advocates

S.K.Oboso advocate for M/S S.K. Oboso & Co. advocates for the applicant – present

In the matter of the estate of the late

JOHN KIPRUTO KOSKEI …………………………………  DECEASED

AND

SALLY CHEPKORIR KOSKEI ……………………………… PETITONER

AND

ABDI RUTO ………………………………………………… APPLICANT

RULING

I: Procedure

1.   The application before me is one of De Bonis Non dated the 15th October, 2008.

2.   Where an adminstratix dies leaving the estate              unadministered, another may be substituted to take over the task as administrator.

II: Background

3.   On the 2nd September, 2000, the deceased, a male adult passed away. His widow took out a grant of letters intestate on the 25th February, 2002 (Visram J).

4.   Unfortunately, the said widow passed away on          26th August, 2003 thereby leaving the estate unadministered.

III: Application 15. 10. 08

5.   By an application dated 15th October, 2008, the applicant seeks this court’s orders to be substituted in place of the deceased widow who has also now passed away.

6.   I note that the applicant is the eldest son of the deceased. In an application of De Bonis Non form P&A 86 & P&A 19 as Petition and affidavit is filed.

7.   The other siblings have given their consent that the applicant do be granted the orders sought.

IV: Findings

8.   The application be and is hereby granted.  The said applicant be substituted as a De Bonis Non.

9.   I award the costs to be in the cause for the applicant.

DATEDthis 31st day of March, 2009 at KERICHO

M.A. ANG’AWA

JUDGE

Advocates

S.K.Oboso advocate for M/S S.K. Oboso & Co. advocates for the applicant – present