In the matter of an Application for fresh grant of Letters of Administration in the names of Okee Joseph & Obwonyo Okeny (Miscellaneous Application 29 of 2022)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The court revoked the original grant of letters of administration dated 16 March 2011 on the ground that it had become inoperative under section 234(1)(2)(d) of the Succession Act following the death of one of the two administrators. The court issued a fresh grant appointing the surviving administrator and a new co-administrator for a period of two years.

Outcome

Fresh grant of letters of administration issued to Okee Joseph and Obwonyo Okeny for two years with requirement to file inventory and final account within specified timeframes

Facts

On 16 March 2011, letters of administration for the estate of the late Okeny Adimiriki were granted to Okee Joseph and Omona Constantino. Omona Constantino died on 21 August 2011, five months after being appointed administrator. A death certificate was produced proving his death. A family meeting was held and a minute was produced proposing that the surviving administrator, Okee Joseph, be joined by Obwonyo Okeny as the new administrators. The applicants sought revocation of the original grant and issuance of a fresh grant.

Issues

1. Whether the court should revoke the original grant of letters of administration where one of two administrators has died.
2. Whether a fresh grant of letters of administration should be issued to the surviving administrator and a new co-administrator.

Orders

• The grant of letters of administration dated 16/3/2011 is revoked.
• Okee Joseph and Obwonyo Okeny are appointed as administrators of the estate of the late Okeny Adimiriki for two years from 11/4/2024.
• The administrators shall lodge an inventory in court by 11/4/2025.
• The administrators shall lodge a final account not later than 11/4/2026.
• The letters of administration expire on 11/4/2026.

Rules and key headnotes

Legislation cited (3)

• Succession Act Cap 162 s.234(1)
• Succession Act Cap 162 s.234(2)(d)
• Succession Act Cap 162 s.234(5)

Cases cited (1)

• In the Matter of John Peter Otto (Miscellaneous Application No. 149 of 2023)

The original judgment as reported. Read the original PDF before relying on any passage.