'1. The petitioner applicant filed notice of motion dated 10.3.25 and petition for letter of administration AD COLLIGENDA dated 10.3.25 on an even date seeking that this court directs SBM Bank Kisii Branch to transfer all the monies held in the deceased persons accounts, namely:
Personal Accounts;
Account Number 1- 0251372877002
Account Number 2- 0252372877001
Account Number 3- 0251372877009
and issue cheques in the Applicant''s name for the sole purpose of paying school
fees for the children .
2. The application is based on the grounds that deceased passed on in Kisii town on 10.1.25 leaving behind the applicant who his widow and 2 children Lavender Valary Moraa aged 22 and AKN a minor aged 12 who are still school going and are in need of school fees and maintenance . The application is supported by the chiefs letter who introduced the petitioner and the children, the4 death certificate and marriage certificate of the4 deceased and the applicant . The County director of children services also filed his social inquiry report on the children and found that the said issues are in need of school fees and maintenance . The court also had a chance to examine the issues virtually and established that indeed LAVENDER the studies in the United States of America (USA) while AKN goes to Molo academy in grade 7.
3. The applicant has demonstrated that the two issues are in dire need of school fees and maintenance and for that reason she seeks that all the monies in the said accounts be transferred to her . The application is thus within the am it of Section 67 of the Law of Succession Act. The purpose of letters of administration ad colligenda as the name suggests is to collect the estate of the deceased and preserve the same till distribution in the main succession cause . The said letters are limited in nature and the court has a duty to oversight the same to ensure that the estate is managed properly pending distribution .
4. I note that the applicant deponed that Lavender needs about Kshs. 3,259,657 .68 for her educational needs annually M while AKN is said to require Kshs 58. 875 for school fees ,Ksh. 400,000/= for her medical cover, kshs 20,000/= per month for food = Kshs 240,000/= per year , clothing Kshs 30,000/= per year a, personal care and toiletries Kshs. 50,000/= per year clothing and welfare Kshs 11,000/= . The child is in a boarding school and so only be home for about 4 months every year . I allow Kshs 80,000/= for this year till August 2026 for her food during holidays and Kshs 30,000/= for her clothing and Kshs . 20,000/= for her Medical cover of Kshs 400,000/= for the child is on the higher side .
5. I allow Kshs 100,000/= for medical cover for one year till Spet6mebr 2026 I proceed to issue the following orders in the best interest of the child herein and the estate . The following amounts to be withdrawn from the SBM Bank Account Number – 0251372877002 Kisii branch in the name of Robert Nyakundi Ombongi (deceased herein).
A. Kshs 3, 300,000/= for educational needs of Lavender for this year till August 2026.
B. Kshs 260,000/= for school fees , medical insurance , food and clothing for the child AKN for this year till August 2026 .
C. I direct that the manager SBM bank Kisii branch to file the bank statements of the said account upon compliance with the orders herein.
D. A full succession cause be filed within 90 days from today.
E. Mention on 16.12.25 .
T.A ODERA
JUDGE
9. 9.25
Delivered Virtually Via Teams Platform on this 9th day of September 2025 in the presence of :
Miss Gogi for the petitioner
CA : Roseline
'
Personal Accounts;
Account Number 1- 0251372877002
Account Number 2- 0252372877001
Account Number 3- 0251372877009
and issue cheques in the Applicant''s name for the sole purpose of paying school
fees for the children .
2. The application is based on the grounds that deceased passed on in Kisii town on 10.1.25 leaving behind the applicant who his widow and 2 children Lavender Valary Moraa aged 22 and AKN a minor aged 12 who are still school going and are in need of school fees and maintenance . The application is supported by the chiefs letter who introduced the petitioner and the children, the4 death certificate and marriage certificate of the4 deceased and the applicant . The County director of children services also filed his social inquiry report on the children and found that the said issues are in need of school fees and maintenance . The court also had a chance to examine the issues virtually and established that indeed LAVENDER the studies in the United States of America (USA) while AKN goes to Molo academy in grade 7.
3. The applicant has demonstrated that the two issues are in dire need of school fees and maintenance and for that reason she seeks that all the monies in the said accounts be transferred to her . The application is thus within the am it of Section 67 of the Law of Succession Act. The purpose of letters of administration ad colligenda as the name suggests is to collect the estate of the deceased and preserve the same till distribution in the main succession cause . The said letters are limited in nature and the court has a duty to oversight the same to ensure that the estate is managed properly pending distribution .
4. I note that the applicant deponed that Lavender needs about Kshs. 3,259,657 .68 for her educational needs annually M while AKN is said to require Kshs 58. 875 for school fees ,Ksh. 400,000/= for her medical cover, kshs 20,000/= per month for food = Kshs 240,000/= per year , clothing Kshs 30,000/= per year a, personal care and toiletries Kshs. 50,000/= per year clothing and welfare Kshs 11,000/= . The child is in a boarding school and so only be home for about 4 months every year . I allow Kshs 80,000/= for this year till August 2026 for her food during holidays and Kshs 30,000/= for her clothing and Kshs . 20,000/= for her Medical cover of Kshs 400,000/= for the child is on the higher side .
5. I allow Kshs 100,000/= for medical cover for one year till Spet6mebr 2026 I proceed to issue the following orders in the best interest of the child herein and the estate . The following amounts to be withdrawn from the SBM Bank Account Number – 0251372877002 Kisii branch in the name of Robert Nyakundi Ombongi (deceased herein).
A. Kshs 3, 300,000/= for educational needs of Lavender for this year till August 2026.
B. Kshs 260,000/= for school fees , medical insurance , food and clothing for the child AKN for this year till August 2026 .
C. I direct that the manager SBM bank Kisii branch to file the bank statements of the said account upon compliance with the orders herein.
D. A full succession cause be filed within 90 days from today.
E. Mention on 16.12.25 .
T.A ODERA
JUDGE
9. 9.25
Delivered Virtually Via Teams Platform on this 9th day of September 2025 in the presence of :
Miss Gogi for the petitioner
CA : Roseline
'