1. Before the Court is the Notice of Motion seeking, inter alia, the removal of Beth Katilo Kitema as administrator of the estate of the deceased and the appointment of Samuel Mutuku Kitema in her place.
2. The application is supported by the affidavit of Samuel Mutuku Kitema. The grounds advanced are that the current administrator is elderly and unable to continue administering the estate and has consented in writing to the appointment of the applicant. The family members are also said to be in agreement with the proposed arrangement.
3. The Court has considered the application, the written consent executed by Beth Katilo Kitema, the Chief's letter and the consents filed herein.
4. A grant of representation is personal to the holder and cannot simply be transferred from one person to another. However, where circumstances render it impracticable for an administrator to continue acting, the Court may revoke or otherwise bring the existing grant to an end and appoint another suitable person to complete administration of the estate.
5. The material placed before the Court demonstrates that Beth Katilo Kitema is no longer in a position to continue administering the estate and has voluntarily relinquished that role. The beneficiaries have expressed their support for the appointment of Samuel Mutuku Kitema. No objection has been lodged.
6. In the circumstances, the Court is satisfied that it is in the interests of the estate that a new administrator be appointed so that the administration of the estate may finally be concluded.
7. Accordingly, the grant issued to Beth Katilo Kitema is hereby revoked.
8. A fresh Grant of Letters of Administration Intestate shall issue to Samuel Mutuku Kitema.
9. Upon issuance of the fresh grant, Samuel Mutuku Kitema shall be at liberty to proceed with the application for confirmation of grant and completion of administration of the estate.
10. There shall be no order as to costs.
2. The application is supported by the affidavit of Samuel Mutuku Kitema. The grounds advanced are that the current administrator is elderly and unable to continue administering the estate and has consented in writing to the appointment of the applicant. The family members are also said to be in agreement with the proposed arrangement.
3. The Court has considered the application, the written consent executed by Beth Katilo Kitema, the Chief's letter and the consents filed herein.
4. A grant of representation is personal to the holder and cannot simply be transferred from one person to another. However, where circumstances render it impracticable for an administrator to continue acting, the Court may revoke or otherwise bring the existing grant to an end and appoint another suitable person to complete administration of the estate.
5. The material placed before the Court demonstrates that Beth Katilo Kitema is no longer in a position to continue administering the estate and has voluntarily relinquished that role. The beneficiaries have expressed their support for the appointment of Samuel Mutuku Kitema. No objection has been lodged.
6. In the circumstances, the Court is satisfied that it is in the interests of the estate that a new administrator be appointed so that the administration of the estate may finally be concluded.
7. Accordingly, the grant issued to Beth Katilo Kitema is hereby revoked.
8. A fresh Grant of Letters of Administration Intestate shall issue to Samuel Mutuku Kitema.
9. Upon issuance of the fresh grant, Samuel Mutuku Kitema shall be at liberty to proceed with the application for confirmation of grant and completion of administration of the estate.
10. There shall be no order as to costs.