In re Estate of John Kathumba Maku – (Deceased) [2020] KEHC 8067 (KLR)
- Court
- High Court of Kenya
- Case number
- 8067
- Citation
- [2020] KEHC 8067 (KLR)
Summary at a glance
TypeSuccessionPostureApplication for orders to exhume remains and other reliefCoramASENATH ONGERI
The Application is dismissed for lack of merit.
Facts
The applicants seek orders to exhume the remains of their stepmother, Beatrice Syokau Kathumba, who was buried in an unauthorized site. The respondents argue that the issue is not relevant to the estate of the deceased, John Kathumba Makuti.
Issues
- Exhumation of remains of Beatrice Syokau Kathumba
- Burial site compliance with Patriarch's wish
- Cancellation of burial permits and documents
- Accounting for proceeds from burial of Beatrice Syokau Kathumba
- Distribution of rent collected from houses belonging to John Kathumba Makuti
Reasoning
The court finds that the body of Beatrice Syokau Kathumba is not part of the estate and is not property for purposes of this Succession Cause. The court dismisses the application as the issue is not relevant to the estate of the deceased.
Outcome
Application dismissed
Authorities cited
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