In documents filed at the High Court Registry late last week, Ms. Dorcas Pedelai Ntimama wants the court to urgently adjudicate a succession case that has derailed her access to her undisputed entitlement to the estate of the late William Ole Ntimama.
In the application, Ms. Pedelai Ntimama through Counsel Omwanza Ombati wants the court to allow her to urgently access her share of the estate for purposes of settling her medical expenses.
Ms. Pedelai has been unable to access her share of Ksh 100 million since February 2020 due to a pending court case versus his son-in-law -a Mr. Eric Kimani. According to Ms. Pedelai, her son-in-law claims half of the amount of money from an account that her late wife was managing.
The Ksh 100 million belonging to Ms. Pedelai is now under the management of Britam Asset Managers Kenya Limited. Reportedly, on February 27, 2020, the company received a letter from Kimani Kabucho Mbeneka Advocates.
The contents of the letter stated that the company should preserve the late Ole Ntimama’s account pending a grant of letters of administration for his late daughters part in the estate.
“No withdrawals should be made from the said joint investment without the full participation and concurrence in writing of the estate of Vivian Talash Ntimama,” read part of the letter.
Earlier in October during a court mention, Ms. Pedelai’s lawyer had urged to court to compel Britam Asset Managers to release at least Ksh 50 million as she needed money. Moreover, only half of the funds managed by the late Talash was the subject of the suit between Ms. Pedelai and Mr. Eric Kimani.
“We have a small problem with that. The applicants made it clear that they do not want to talk to us at all. The application is to have our consent without talking to us. Asking that 50 % be released will be settling the matter while still litigating,” Mr. Kimani’s lawyer Stephen Kabucho had argued.
The late Ole Ntimama’s will had bequeathed 50% of his benefit held by Britam Insurance to Ms. Pedelai and the remaining 50% to his children in one account.
The late Ole Ntimama had envisioned a dispute, and consequently, he had directed that in such an event, his family would settle through Alternative Dispute Resolution Mechanisms. Categorically, he chose Anglican Church Archbishop Jackson Ole Sapit and Reverend Peter Nakola as the designated arbitrators.
“Any award shall be final, binding and conclusive upon the parties, subject only to appeal on questions of law. Notwithstanding and foregoing, the beneficiaries shall before undertaking the aforementioned arbitration submit all disputes, claims, and or controversies to a mutually agreeable mediator in an attempt to informally resolve the said disputes,” reads a section of the will.
However, the crux of the pending succession case originates from the fact that the late Talash was managing Ms. Pedelai’s account.
“In consideration, I instruct my daughter Vivian Talash Ntimama to make provision of her mother’s upkeep, comfort, and maintenance, pay for her mother’s medical expenses, and generally take care of her mother’s cause of life,” Ntimama’s will stated…… “My youngest daughter Vivian Talash Ntimama shall always remit monies required to meet my wife’s medical and health expenses in her lifetime,” Ntimama wrote in his will.
The Ole Ntimama had entrusted Vivian Talash with managing her mother’s account, and in the event that her mother passed away, then her mother’s estate would pass over to her. However, Ms. Pedelai’s daughter faced an untimely death in February 2020; consequently, a succession suit ensued.
After the demise, Britam Insurance Limited filed a case in court against Ms. Pedelai and Talash’s estate. From the pleadings, Britam Insurance Limited wants the court to determine who has the right to the money in its possession. According to Britam, they had received two sets of conflicting instructions from Ms. Pedelai’s and Kimani’s lawyers.
“Kindly note that our client Dorcas Pedelai Ntimama needs her funds at her account with Britam Assets Managers. She is a widow and her investment is her sole source of money for her medical bills and maintenance,” read a letter from Ms. Pedelai’s lawyer.
Nonetheless, the court scheduled an application by Britam for a hearing in 2021 before Justice Francis Tuiyott. The court also scheduled the pre-trial conference for December 14, 2020.
Mahakamani News is Kenya’s top court reporting and crime coverage website. If you have a case that needs coverage, or if you are facing injustice from powerful forces, fired unfairly or reporting any corruption or relevant news pertaining judiciary etc please contact us via email@example.com