[2016] KEHC 8395 (KLR)
The court found that the notice of appointment filed by Okemwa & Co. Advocates and the consent filed on 25th July 2016 were not authorized by the applicant and were, in fact, denounced as forgeries by a family member and by the law firm purported to have signed them. The absence of any response from the implicated...
Source-derived case information.
- Citation
- [2016] KEHC 8395 (KLR)
- Parties
- Applicant: Alvin Kamande Njenga; Respondent: Esther Njeri Njenga
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2777 of 2008
- Procedural Posture
- Succession Cause / Ruling on Application to Expunge Notice of Appointment and Consent
- Outcome
- application allowed
- Judges
- AO Muchelule
- Legal Topics
- Probate and Administration, Fraudulent Legal Representation, Consent Orders, Estate Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alvin Kamande Njenga
Applicant
Esther Njeri Njenga
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Expunge Notice of Appointment and Consent
Legal Issues
- 1 Whether the notice of appointment filed by Okemwa & Co. Advocates was valid and authorized by the applicant.
- 2 Whether the consent filed on 25th July 2016 was genuine or a forgery.
- 3 Whether the applicant is entitled to have the impugned documents expunged from the court record.
Ratio Decidendi
The court found that the notice of appointment filed by Okemwa & Co. Advocates and the consent filed on 25th July 2016 were not authorized by the applicant and were, in fact, denounced as forgeries by a family member and by the law firm purported to have signed them. The absence of any response from the implicated law firms further supported the applicant's case. The court held that documents filed without proper authority or through fraudulent means cannot be allowed to stand, as they compromise the integrity of the judicial process and the rights of the parties. Accordingly, the court expunged the impugned documents from the record and allowed the applicant's application.
Court Disposition
application allowed
Orders
- The notice of appointment filed by Okemwa & Co. Advocates on 25th July 2016 is expunged from the record.
- The certificate of urgency dated and filed on 25th July 2016, including the consent, is expunged from the record.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 2777 OF 2008
IN THE MATTER OF THE ESTATE OF LABAN NJENGA MUNDIA (DECEASED)
ALVIN KAMANDE NJENGA.......................................APPLICANT
VERSUS
ESTHER NJERI NJENGA...............PETITIONER/RESPONDENT
RULING
1. The complaint by the applicant Alvin Kamande Njenga is that, without his consent and authority, the firm of Okemwa & Co. Advocates filed a notice of appointment purporting that he had instructed it to act for him in this matter. The notice of appointment was filed on 25th July 2016. He filed this application to challenge that notice and the subsequent consent filed on the same date by Gatheru Gathemia & Co. Advocates that sought to compromise this family dispute. The firm acts for the petitioner Esther Njeri Njenga who is the mother of the applicant. The consent was signed by the firm and also by Okemwa & Co. Advocates purportedly for the applicant and Macharia, Burugu Co. Advocates for interested parties. The applicant states that he suspects that it was the petitioner’s advocates who fraudulently got the notice of appointment filed without his instructions, and got the consent filed to defraud him of the estate of the deceased.
2. The two law firms did not respond to the application.
3. Quite fortunately, a replying affidavit was filed on 17th October 2016 by Sophie Kabura Njenga (she is the daughter of the petitioner and the sister of the applicant) to denounce the purported consent. She swore that Gatheru Gathemia & Co. Advocates had denied filing the consent, saying that it was a forgery. The firm has since been replaced by James T. Makori & Co. Advocates who filed a notice of change on 13th October 2016.
4. I will expunge from the record the notice of appointment filed by Okemwa & Co. Advocates on 25th July 2016 and the certificate of urgency dated and filed on 25th July 2016 and which contained the consent. For clarity, the consent is also expunged.
5. The applicant is at liberty to report the two law firms to the Law Society of Kenya and/or to the police for investigations and further action.
6. To that extent, the applicant’s application dated 21st September 2016 is allowed. Costs shall be borne by the petitioner.
DATED and DELIVERED at NAIROBI this 13TH DECEMBER, 2016.
A.O. MUCHELULE
JUDGE