T.K.R v P.C.S & ANOTHER [2009] KEHC 199 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KERICHO

Succession Cause 84 of 2007

IN THE MATTER OF THE ESTATE OF THE LATE

1. Family LaW

2. Subject of main matter

i) Law of Succession

ii) Further affidavit of the deceased assets.

ii) Out of financial assets of Kshs. 433,546. 85 being gratuity, only 260, 585. 70 is left.

3. Held

The sum of 200,000 be appointed for the minors as follows

a)Douglas Kipchirchir Rono minor 15 years 9th January, 2009  – Kshs. 20,000/=

b)Jacob Kiplangat Rono minor 13 years 9th January, 2009       – Kshs. 30,000/=

c)Lispine Chemutai Rop minor 11 years on 9th January, 2009   - Kshs. 40,000/=

d)Winny Chepkirui Rop minor 6 years on 9th January, 2009      – Kshs. 50,000/=

e)Shadrack Kiprotich minor 7 years on 9th January, 2009        – Kshs. 60,000/=

Total Kshs. 200,000/=

=============

Over 18 years old

That  Ibrahim Kibet Rono         - Kshs. 15,000/=

Silyia Kibet Rono                     - Kshs. 15,000/=

Widow                                     - Kshs. 30,000/=

Sum Kshs. 200,000/- invested interest earning account in joint names of two administrator

and Registrar High Court of Kenya. Access to interest only.

4. Case Law– Nil

5. Advocates

F. O. Koko advocate instructed by M/S Obondo Koko & Co. advocates for the Petitioners/applicants - present

T.K.R…………………… ………………………… DECEASED

AND

P.C.S ………………1ST PETITIONER

I.K.R…………………………………..2ND PETITIONER

RULING

NO. 2

Further ruling on confirmation of grant

I: Background

1. The grant herein has been confirmed on condition that moneys be invested on behalf of the minors.

2. By further affidavit of 3rd November, 2009 the widow confirms she has utilized most of the moneys for school fees. What is now left out of a sum of almost Kshs. 433,000/= is Kshs. 260,000/=.

3. The court hereby makes the following orders:-

i)     That the sum of Kshs. 200,000/= be apportioned for the benefit of the minors as follows;

a)    D.K.R minor 15 years

on 9th January, 2009                             – Kshs. 20,000/=

b)    J.K.R minor 13 years

on 9th January, 2009                             – Kshs. 30,000/=

c)    L.C.R minor 11 years

on 9th January, 2009                            - Kshs. 40,000/=

d)    W.C.R minor 6 years

on 9th January, 2009                            – Kshs. 50,000/=

e)    S.K minor 7 years

on 9th January, 2009                            - Kshs. 60,000/=

Total Kshs. 200,000/=

============

This sum be invested (see orders below)

4. The sum of Kshs. 60,000/= be apportioned amongst the adult children as follows:

I.K.R - Kshs. 15,000/=

S.K.R                   - Kshs. 15,000/=

Widow                           - Kshs. 30,000/=

Total Kshs. 60,000/=

===========

5. That the sum of Kshs. 200,000/= above be invested in an interest earning account with the Housing Finance Company of Kenya in the names of the two administrators and the Registrar High Court of Kenya at Kericho.

6. That the administrators may access the interest only from this sum for the up keep of the minors. The principal sum of Kshs. 200,000/= is not to be touched until each child attains the ages of majority.

7. Costs in the estate.

DATEDthis 23rd day of November, 2009 at KERICHO

M.A. ANG’AWA

JUDGE

F. O. Koko advocate instructed by M/S Obondo Koko & Co. advocates for the Petitioners/applicants - present