In re Estate of Rashid Juma Ravasco (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi, Milimani Law Courts, Family Division
Category
Civil
Judge(s)
A.O. Muchelule
Judgment Date
October 28, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: In re Estate of Rashid Juma Ravasco (Deceased) [2020] eKLR


1. Case Information:
- Name of the Case: In the Matter of the Estate of Dr. Rashid Juma Ravasco (Deceased)
- Case Number: Succession Cause No. 1667 of 2018
- Court: High Court of Kenya at Nairobi, Milimani Law Courts, Family Division
- Date Delivered: 28th October 2020
- Category of Law: Civil
- Judge(s): A.O. Muchelule
- Country: Kenya

2. Questions Presented:
The central legal issues in this case include:
1. Whether the death gratuity and pension benefits payable from the Kenya Medical Research Institute (KEMRI) form part of the estate of the deceased for the purposes of administration.
2. Whether the grant of letters of administration intestate issued to the petitioner should be revoked based on claims of prior marriage and children from that marriage by the objectors.

3. Facts of the Case:
The petitioner, Betty Laura Rashid, sought letters of administration intestate for the estate of her late husband, Dr. Rashid Juma Ravasco, a professor who passed away on 17th January 2016. The petitioner indicated that the deceased's death gratuity and pension from KEMRI were part of the estate to be administered. The couple had three children together. The objectors, Lydia Muhonja Otieno and Linda Jalenga Rashid, claimed to be the first widow and daughter of the deceased, respectively, asserting that they were excluded from the estate administration process. The deceased had previously declared his relationship with the objectors in various documents.

4. Procedural History:
The petitioner was granted letters of administration on 13th May 2019, which were confirmed on 5th November 2019. The objectors filed a preliminary objection on 10th September 2020, arguing that the application was legally flawed since the death benefits should not be included in the estate. The objectors later sought revocation of the grant, claiming they were entitled to the estate due to their familial ties with the deceased. The court also considered the procedural validity of the objections raised by the objectors.

5. Analysis:
- Rules: The court referenced Section 36A of the Retirement Benefits Act (Cap. 197), which states that benefits payable upon a member's death are not part of the estate for administration purposes. Additionally, Section 76 of the Act allows for the revocation of grants based on misrepresentation or failure to disclose pertinent information.

- Case Law: The court cited previous rulings, including *Kenya Commercial Bank Staff Retirement (D.C.) Scheme 2006 and Another v. Ann Wangui Ngugi and 524 Others [2018] eKLR* and *Geoffrey Mithinja & Another v. Emmanuel Muguna Henry & 1756 Others [2015] eKLR*, which emphasized the need to exhaust internal dispute mechanisms under the Retirement Benefits Authority before seeking judicial intervention.

- Application: The court determined that the inclusion of the death gratuity and pension in the estate was inappropriate, as per Section 36A of the Act. The preliminary objection by KEMRI was upheld, indicating that the benefits were not subject to estate administration. Regarding the objectors' claims, the court acknowledged their familial connections to the deceased and decided not to revoke the grant but to review the proceedings for further evidence regarding beneficiaries and entitlements.

6. Conclusion:
The court ruled in favor of KEMRI, sustaining the preliminary objection regarding the death benefits. However, it did not revoke the grant issued to the petitioner, opting instead to review the confirmation proceedings to ascertain the rightful beneficiaries of the estate, thus allowing both the petitioner and objectors to present oral evidence.

7. Dissent:
There was no dissenting opinion noted in the ruling.

8. Summary:
The case highlights the complexities of succession law in Kenya, particularly concerning the treatment of pension benefits upon death and the rights of familial claimants in cases of polygamous relationships. The court's decision to uphold KEMRI's objection while allowing for further inquiry into the estate's beneficiaries underscores the need for clarity and fairness in estate administration. The outcome emphasizes the importance of proper disclosure in succession matters and the need for courts to navigate familial claims sensitively.

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