Automated Summary
Deceased Name
Abuya Daudi Tamaro
Key Facts
The case involves a dispute over the administration of the estate of Abuya Daudi Tamaro (deceased). The citors (Angela Kerubo Abuya, Lydia Goko Abuya, and Evelyn Bitengo Abuya) filed a citation against the citees (Mogendi Abuya Tamaro and Jacinta Moraa Abuya), seeking to appoint themselves as administrators. The citees opposed the application, arguing that Mogendi, as the only son, and his wife should be prioritized. The court found that all children of the deceased rank equally under the Law of Succession Act, noting the deceased's monogamous marriage and the mother's (Selina Bonareri Abuya) inability to administer due to health issues. The judge appointed Angela Kerubo Abuya, Mogendi Abuya Tamaro, and Jacqueline Kemunto Kiage as joint administrators, emphasizing the need to resolve the matter in the interest of justice and to address the mother's medical expenses.
Issues
- The court considered whether the citors (Angela Kerubo Abuya, Lydia Goko Abuya, Evelyn Bitengo Abuya) could apply for letters of administration intestate without the consent of the citees (Mogendi Abuya Tamaro and Jacinta Moraa Abuya), relying on Rule 22(7) of the Probate and Administration Rules and Section 47 of the Law of Succession Act. The dispute centered on whether the citees' refusal to sign Form 38 justified proceeding without their consent.
- The court resolved that extraneous family disagreements, such as accusations of high-handedness and neglect, were hindering the administration process. It invoked Rule 73 of the Probate and Administration Rules to appoint administrators in the interest of justice, ensuring the estate's medical and administrative needs were met despite conflicts.
- The court addressed whether Mogendi Abuya Tamaro, as the sole son of the deceased, held priority over his sisters in administering the estate. It ruled that all children of the deceased rank equally under the Law of Succession Act and Article 27 of the Constitution, which guarantees equality and prohibits gender-based discrimination.
Holdings
- The court appointed Jacqueline Kemunto Kiage, Angela Kerubo Abuya, Mogendi Abuya Tamaro, and Lydia Abuya to jointly take out letters of administration to the estate of Abuya Daudi Tamaro (deceased) in the interest of justice.
- The court ordered that each party bear their own costs as it is a family matter.
- The court required that the succession cause be filed within 30 days from the date of the ruling.
Remedies
- The succession cause be filed within 30 days from today.
- Each party to bear his own costs since this is a family matter.
Will Type
Intestacy
Probate Status
Letters of administration granted to Angela Kerubo Abuya, Mogendi Abuya Tamaro, and others as joint administrators.
Legal Principles
- The court applied the principle of equal rights for all children of the deceased in estate administration, referencing Section 29 of the Law of Succession Act and Article 27 of the Constitution (equality before the law). It emphasized that male and female children rank equally without discrimination.
- Rule 73 of the Probate and Administration Rules was invoked to allow the court to make necessary orders for justice, overriding standard priority rules to appoint administrators in the interest of resolving the estate dispute.
- The ruling considered Probate Rules 26 and 27 regarding mandatory notice to equal/priority applicants, written consent requirements (Form 38/39), and exceptions for preventing abuse of process. These rules informed the court's approach to resolving the citation dispute.
Succession Regime
Common law intestacy under Kenya's Law of Succession Act and Probate Administration Rules.
Precedent Name
- Josiah Muli Wambua
- John Osicho v Hana Omolo Osewe & Another
Executor Name
- Mogendi Abuya Tamaro
- Lydia Abuya
- Jacqueline Kemunto Kiage
- Angela Kerubo Abuya
Cited Statute
- Law of Succession Act
- Probate and Administration Rules
Executor Appointment
Court Appointed
Judge Name
TA ODERA
Beneficiary Classes
- Child / Issue
- Spouse / Civil Partner
Passage Text
- It is clear from the facts of this case that the personal differences among the parties have slowed down the process of taking out of letters of administration... I do not find any plausible reasons to disqualify any of the children of deceased herein from moving the court to file the intended succession cause.
- I find that the parties herein being children of the deceased rank equally on the issue of administration of the estate of their father.
- I proceed to invoke the provisions of Section 47 of the Law of Succession Act and Rule 73 of the Probate and administration Rules and appoint the following persons to jointly take out letters of administration...