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In re Estate of Elisha Ooro Mbuya (Deceased) (Succession Cause E003 of 2021) [2022] KEHC 14965 (KLR) (8 November 2022) (Ruling)
Neutral citation:
[2022] KEHC 14965 (KLR)
Republic of Kenya
Succession Cause E003 of 2021
KW Kiarie, J
November 8, 2022
Ruling
1.Beatrice Akello Mboya filed an objection to issuance of grant dated June 9, 2021. The applicant is seeking the following orders:a.That the grant of letters of administration issued to the petitioner be revoked.b.That the court be pleased to appoint the petitioner and /or any other beneficiary to be the administrator of the estate of the deceased.c.That costs be in the cause.
2.The objection was premised on the following grounds:a.That the petitioner has applied for the grant without making full disclosure to the court.b.That the petitioner was no longer the wife of the deceased at the time of his death.c.That the petitioner had been tried and convicted of forgery and conspiracy to defraud the estate of the deceased and hence not legally and morally proper to administer the estate.d.That the petitioner has deliberately left out several beneficiaries and assets of the deceased with ulterior motives.e.That the beneficiaries have not agreed that the petitioner be the administratrix of the estate.
3.The objection was opposed on the following grounds:a.That it was the applicant who filed citation number 16 of 2020.b.That the respondent is a wife of the deceased.c.That the petitioner ranks high in priority being a wife compared to the applicant.d.That the objector has forged power of attorney and purported to sell the property of the deceased.
4.Though the applicant is seeking for revocation of a grant, my perusal of the record herein I find that no grant has been issued. There is therefore nothing to revoke. Ordinarily, the matter would have ended there but the parties herein have raised issues touching on each other’s integrity to handle the estate.
5.Although Beatrice Akello Mboya, the applicant herein, has denied citing the petitioner respondent to file a succession cause in this matter, a copy of the said citation was attached to the petitioner’s affidavit. She conceded that she was convicted of forgery. This must be the alleged forgery to defraud the estate of the deceased herein.
6.The deceased herein was in a polygamous union. It is not clear whether he had three or four wives for each of the present parties indicates differently. In order to expedite this matter, I make an order that the petitioner herein be joint petitioners with the representative of the other two undisputed houses and all the beneficiaries and assets be listed before a formal grant can issue.
7.Costs be in the cause.
DELIVERED AND SIGNED AT HOMA BAY THIS 8TH DAY OF NOVEMBER, 2022KIARIE WAWERU KIARIEJUDGE
