In re estate of Abdi Salan Nuru (Deceased) [2016] KEHC 1606 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT GARISSA

SUCCESSION CAUSE NO. 39 OF 2015

IN THE MATTER OF THE ESTATE OF ABDI SALAN NURU (DECEASED).

RULING

Before me is an application for confirmation of grant dated 29^th July 2016 filed by the Assistant Public Trustee Garissa for confirmation of grant of letters of administration herein.

The application was filed before the lapse of the statutory period of 6 months from 12^th July 2016 when the initial grant of letters of administration was issued to the Public Trustee.

The Assistant Public Trustee Mr. Miyogo has however explained orally in court that the estate is only composed of monetary gratuity and that some of the beneficiaries are very old.  In addition, the distribution of the estate had already been determined under Islamic law by the Kadhi’s court.     

I have myself seen the distribution of the estate determined under Islamic law by the Kadhi at Wajir in Administration Cause No. 29 of 2015.  I thus find no reason to disallow the application.

I allow the application and hereby confirm the letters of administration issued to the Public Trustee herein. Distribution of assets will be as has been determined by the Kadhi’s court.

Certificate of confirmed grant to issue.

Dated and delivered at Garissa this 16^th November 2016.

GEORGE DULU

JUDGE