Case ID:180337

In re Estate of Barasa Kanenje Manya (Deceased) [2021] eKLR

Case Metadata

Case Number:

Succession Cause 263 of 2002

Parties:

In re Estate of Barasa Kanenje Manya (Deceased)

Date Delivered:

06 Aug 2021

Case Class:

Civil

Court:

High Court at Kakamega

Case Action:

Ruling

Judge(s):

William Musya Musyoka

Citation:

In re Estate of Barasa Kanenje Manya (Deceased) [2021] eKLR

Court Division:

Family

County:

Kakamega

Case Outcome:

Orders granted

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAKAMEGA

SUCCESSION CAUSE NO. 263 OF 2002

IN THE MATTER OF THE ESTATE OF BARASA KANENJE MANYA (DECEASED)

RULING

1. In the application dated 26

th

October 2020, Juliet Awinja Nura, the applicant, complains that the other parties had misrepresented to the court that her name was Julia Mura, and proceeded to distribute the estate to the said Julia Mura, and that she stood to be disinherited. The other parties have argued that Julia Mura was the name the applicant went by in the community, and that the property devolved upon Julia Mura was in fact a devolution to her.

2. I note that the applicant has not complained substantively about the manner the estate has been distributed, and appears to be more worried about the use of the name Julia Mura, rather than Juliet Awinja Nura. I find it surprising that she is raising the issue now, given that she has actively participated in the matter without raising the issue. She filed affidavits in response to various applications, where Julia Mura was named as a respondent, such as those sworn on 15

th

July 2019, 24

th

September 2019, and 20

th

November 2019. She had also executed a witness statement, which was filed herein on 8

th

July 2019. I wonder the basis on which she was executing and filing these documents if she was not the party named in the proceedings.

3. The way out I believe should be to order amendment or rectification of the documents where her name appears as Julia Mura, and the substitution of that name with the name which appears in her national identity card, that is to say Juliet Awinja Mura. The documents to be amended or rectified are the grant of letters of administration intestate issued on 24

th

March 2010 and the certificate of confirmation of grant dated 15

th

June 2011.

4. It is so ordered.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 6

TH

DAY OF AUGUST 2021

W. MUSYOKA

JUDGE