R N K V. C N N

JUDGMENT OF THE COURT

This appeal is against the judgment of Musyoka, J. delivered on 21^st March, 2014. The undisputed facts of this appeal are that on 24^th May, 1980, the appellant, RN K (R) married P M K (deceased) who died on 30^th November, 2009. The two were blessed with two children, namely D A K M (A) and B J G M (B). However, the marriage between the two was dissolved and decree absolute issued on 22^nd June, 1994.

By a petition dated 1^st November, 2011, Catherine petitioned for a special limited grant of letters of administration ad colligenda bona under Section 67(1) of the Laws of Succession Act to enable her access Ksh.10,000,000/= from the deceased’s estate to meet the deceased’s children’s expenses. On 7^th November, 2011 the petition came before Maraga, J (as he then was) and the learned judge directed that C applies for a full grant before the limited grant was considered. Catherine complied with the Court’s directive by petitioning for letters of administration intestate i…