Improper service delays widow’s Sh100m succession case
By Daniel Chege | October 7th 2020
Nakuru High Court has termed as improper the service of summons to an investigator to appear in a succession case of the missing Belgian, Dysseleer Mireille, whose Sh100 million estate is being contested.
Justice Teresia Matheka said the summons served to Sergeant Franklin Kiraithe, a detective with the Serious Crimes Unit, were improperly done and ordered a re-service.
“Sergeant Kiraithe should be served properly with the summons to make an appearance for the case in question,” she ordered.
She directed the deputy registrar of the High Court to serve Kiraithe. She deferred the case to November 2.
Justice Matheka faulted the deputy registrar for the delay in the service, which led to delay in the case. “Even though Kiraithe was to appear in July, details show that the deputy registrar served on October 2,” she said.
She said the service done through the email was not sent to Kiraithe’s personal mail.
The court on March 10 summoned Kiraithe to give evidence in a succession case of the 63-year-old Belgian woman.
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Kiraithe was summoned after he failed to file the report on the findings of the investigations into Mireille’s disappearance, her will and last testament and the bank statements from Kenya Commercial Bank, Maralal.
Matheka wants him to show cause why action should not be taken against him for disobeying a court order.
Kiraithe is supposed to give details of his investigations on a will presented to the court by lawyer Hari Gakinya seeking distribution of the estate of Mireille, who has been missing for the last 13 months.
Kiraithe was directed by Matheka to investigate the authenticity of the will relating to the distribution of Mireille's Sh100 million estate.
Gakinya presented a will and claimed that it came from Mireille. He also presented Mireille’s death certificate.
Kiraithe tabled evidence that the death certificate was fake.
The court had also ordered the investigator to obtain bank statements from the manager of KCB Maralal branch to confirm any transactions in Mireille's bank account for the last two years.
Gakinya, who filed the succession case as the executor for Mireille’s estate on October 10, 2019, has been implicated in the widow’s murder. He was arraigned on March 9 at Milimani Law Courts.
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