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.
DATED this 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