In re Estate of Bobby Lemalen Lepilale (Deceased) (Succession Cause E046 of 2024) [2024] KEHC 17270 (KLR) (18 November 2024) (Ruling) Neutral citation: [2024] KEHC 17270 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MACHAKOS SUCCESSION CAUSE E046 OF 2024 NIO ADAGI, J NOVEMBER 18, 2024 IN THE MATTER OF SYLVIA SANTILAN LENAIYARRA ..................................................... APPLICANT RULING 1. The applicant herein approached this court by way of a petition for special letters of administration Ad colligenda bona dated the 24th of June 2024 seeking to access the deceased’s accrued benefits in relation to the deceased’s life Insurance Policy Cover through his employer Kenya Pipeline Corporation [particulars unknown] for the sole purpose of paying school fees, education requirements and maintenance costs for the CTL aged 15 years, and CLL aged 9 years. 2. The application is supported by the affidavit of the applicant herein sworn on even date wherein she deponed that she is the widow to the late Bobby Lemaleni Lepilale (deceased) and the mother to the minors herein. She further deponed that CTL is a Form 2 student at (particulars withheld) while CLL is a grade 4 student at (particulars withheld) and both need school fees and immediate family costs that the deceased used to take care of. In this regard She has attached copies of the Children’s school fees structures from their respective schools which her counsel submitted that are standard across the years unless otherwise altered. 3. Finally, the applicant pleaded that there is extreme necessity and urgency that she be granted letters of administration ad colligenda bona of the estate of the deceased limited for the purpose only of collecting the deceased’s life insurance benefits basically to enable her to pay the school fees and pay maintenance costs until further representation be granted over the deceased’s estate. 4. I notice that save for the staff card which the applicant has attached to the application, there is no proof of the existence of the purported deceased’s life insurance policy cover with his named employer at the time of the demise. It would be a bit challenging for this court to issue orders sought in the circumstances and at this point. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/17270/eng@2024-11-18 1
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5. The applicant has not also stated her means of income if any or how she and the children have been surviving since the demise of the deceased. 6. There is no doubt that issues pertaining to the education of children especially minors are issues that require the attention and urgency of court, considering that it pertains to the best interest and rights of children especially the right to education. 7. Accordingly, I order as follows: a. That the deceased’s employer Kenya Pipeline Corporation does furnish the Applicant with full particulars of the late Bobby Lemaleni Lepilale (deceased) life insurance policy cover if any to enable her appropriately move this court on the issues of school fees of the deceased’s children and family upkeep costs within fourteen (14) days from the date of this order. b. The applicant to file a further affidavit showing her means of income and attaching any particulars to be furnished by Kenya Pipeline Corporation under order (a) above within seven (7) days of receipt thereof. c. Pending compliance with orders (a) and (b) above, the final ruling on the applicant’s application dated 24/6/2024 is put on hold. d. This matter will be mentioned for purposes of fixing a ruling date on the application dated 24/6/2024. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 18TH DAY OF NOVEMBER 2024. NOEL I. ADAGI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/17270/eng@2024-11-18 2
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