Automated Summary
Key Facts
The case involves the estate of Simeon Motari Asiago, who died on 2016-04-21, leaving two wives: Mellen Bosibori Motari and Esther Bonareri Nyaberi. The parties disagreed on who should obtain letters of administration. The court ruled that Mellen Bosibori Motari may file the petition within 30 days, with no costs awarded.
Deceased Name
Simeon Motari Asiago
Issues
- The court addressed a dispute between Mellen Bosibori Motari and Esther Bonareri Motari over who should take out letters of administration for the estate of the deceased Simeon Motari Asiago. The deceased had two wives who could not agree on the administration rights, leading to a citation proceeding under Rule 21 of the Probate & Administration Rules.
- The court considered the application of Rule 21 of the Probate & Administration Rules, which governs the process of citing individuals to accept or refuse letters of administration intestate when there is a conflict among potential administrators.
Date of Death
2016 April 21
Holdings
The court allowed Mellen Bosibori Motari to take out the Petition for grant of letters of administration for the deceased's estate within 30 days from the date of the ruling. This decision is deemed as consent and must be served on the Citees along with the filed petition.
Remedies
- There shall be no order as to costs.
- Citor allowed to take out the Petition for grant of letters of administration for the deceased's estate within the next 30 days from the date hereof. This Ruling shall be deemed to be the consent and shall be served on the Citees together with the duly filed petition for grant of letters of administration.
Will Type
Intestacy
Probate Status
Contested probate proceeding resolved by allowing one spouse to administer the estate
Legal Principles
The court applied Rule 21 of the Probate & Administration Rules (Cap 160) to resolve the dispute over letters of administration for the deceased's estate. The ruling permitted one heir to proceed with the petition while noting no costs order, reflecting procedural aspects of estate administration under Kenyan law.
Succession Regime
Common-Law Intestacy under Probate & Administration Rules CAP 160
Executor Name
Mellen Bosibori Motari
Cited Statute
Probate and Administration Rules Act
Executor Appointment
Allowed by the court to take out the Petition for letters of administration within 30 days.
Judge Name
D.S Majanja
Passage Text
- According to the Citor, the deceased SIMEON MOTARI ASIAGO died on 21st April 2016 left behind two wives; MELLEN BOSIBORI MOTARI and ESTHER BONARERI NYABERI. It is apparent that they cannot agree who is to take out letters of administration.
- I accordingly allow MELLEN BOSIBORI MOTARI to take out the Petition for grant of letters of administration for the deceased's estate within the next 30 days from the date hereof. This Ruling shall be deemed to be the consent and shall be served on the Citees together with the duly filed petition for grant of letters of administration.
Beneficiary Classes
Spouse / Civil Partner