1. I have perused the Petition for Special Limited Grant dated 28th October 2024 filed by the administrators of the estate of the deceased herein, Anne Akoth Otieno and Sherryl Adhiambo Okumu, the joint supporting affidavit that they both swore on the said date, as well as the annexures attached thereto. The joint applicants deposed that they urgently need to access the accounts of the deceased so that they can pay school fees for the minor beneficiaries of the estate and incidental expenses.
2. I note that when the Summons for confirmation of the grant came for hearing before me on the 28th of October 2024, I declined to confirm the grant as the conditions set out in Section 71(3) of the Law of Succession Act for confirmation of grant before 6 months period has lapsed had not been met. Despite declining to do so, I noted that the children of the deceased nevertheless had legitimate expectations that their school fees would be paid.
3. In my view, the instant application has merit and is in the best interest of the children concerned. As required by Article 53 of the Constitution of Kenya, 2010, and Section 8 of the Children Act, 2022, the children's best interests are a paramount consideration when a court is determining a matter concerning children or their welfare.
4. In the circumstances, I order as follows:-
1. A Special Limited Grant is hereby issued to Anne Akoth Otieno and Sherryl Adhiambo Okumu, permitting them to access and to withdraw funds from the following bank accounts:-
(1). Bank account number 341 5280 0028 held by the deceased at the Nyali Branch of the NCBA bank;
(2). Bank account number 111 9365 716 held by the deceased at the Nyali Branch of the Kenya Commercial Bank;
(3). Bank account number 131 1573 3033 2 held by the deceased at the Nyali Branch of the Kenya Commercial Bank;
(4). Bank account number 202 7600 223 held by the deceased at the Nyali Branch of the Absa Bank;
(5). Bank account number 658 60011 02 held by the deceased at the Moi Avenue Branch of the EcoBank; and
(6). Bank account number 0124 5545 6798 00 held by the deceased at the National Bank of Kenya.
To pay school fees, cover incidental expenses, and for no other purposes.
2. The special limited grant hereby issued does not permit the administrators to alienate and or dispose of the capital assets of the estate; and
3. I make no orders as to costs.
5. Orders accordingly.