The widow of former Internal Security Assistant Minister Orwa Ojode got a major relief when High Court directed Parliament to release Sh20 million death benefits to her. Family Division Judge GBM Kariuki ruled that Parliament is not entitled to pay out or distribute the money they hold to any person other than administrators of the estate of her late husband.
The judge noted that Ojode’s mother Ulda Aloo, who had gone to court seeking to stop the National Assembly from processing the benefits and paying the same to the widow, has not shown that she has been nominated as a beneficiary in the insurance cover.
“The death benefits, which have become due and payable following Ojode’s death appear to be part of his estate. This is a civil suit which the applicant makes a claim ostensibly on the basis of her alleged dependency on the deceased,” the judge said.
The court ruled Aloo had also not shown that there was grant of letters of administration issued.
Prove dependency
“Moreover, the applicant has not shown that under the insurance cover she was nominated as a beneficiary of the said funds,” Justice Kariuki said.
The judge further noted Aloo has not shown that she is a personal representative of the estate of Ojode.
“Without such grant, she lacks capacity to bring suit on behalf of the estate with a view to collect the death benefits. It is settled by law that an administrator is not entitled to bring an action before he or she has taken letters of administration,” he said.
Kariuki said Ojode’s mother has brought action against persons who hold money ostensibly to the deceased’s heirs.
The court ruled that she can only file a claim of dependency in succession proceedings where she would be at liberty to prove dependency.
Aloo and Ojode’s widow Mary were engaged in a legal battle.
Aloo sued the National Assembly and the widow under a certificate of urgency on August 10 seeking temporary orders.
She argued that the National Assembly has decided to release the death benefits to Mary without giving her share and that she is likely to squander the whole amount without giving her a cent. -Standard Digital
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