[2011] KEHC 848 (KLR)
The court held that since the previous administrator, Eusephia Kiara Gakuru, had died before completing the distribution of the estate, and no new administrator had been appointed, no beneficiary—including the applicant—could purport to act as administrator. The supervision and distribution of the estate must be...
Source-derived case information.
- Citation
- [2011] KEHC 848 (KLR)
- Parties
- Applicant: Sister Mary Aloysie Muthanje; Respondent: Michael Kathuri Gakuru; Respondent: John Njeru Gakuru
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 512 of 2006
- Procedural Posture
- Succession Cause / Ruling
- Outcome
- application dismissed
- Legal Topics
- Administration of Estates, Appointment of Administrator, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sister Mary Aloysie Muthanje
Applicant
Michael Kathuri Gakuru
Respondent
John Njeru Gakuru
Respondent
Procedural Posture
Succession Cause / Ruling
Legal Issues
- 1 Whether the applicant can act as administrator of the estate in the absence of a duly appointed administrator.
- 2 Whether any action can be taken regarding the estate before the appointment of a new administrator.
Ratio Decidendi
The court held that since the previous administrator, Eusephia Kiara Gakuru, had died before completing the distribution of the estate, and no new administrator had been appointed, no beneficiary—including the applicant—could purport to act as administrator. The supervision and distribution of the estate must be carried out by a legally appointed administrator. The court emphasized that the family should agree on a suitable person to substitute as administrator and make the relevant application for appointment. Until such appointment is made, all actions regarding the estate are to be put on hold to protect the interests of all beneficiaries, as required by the Law of Succession Act.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- All actions regarding the estate are put on hold pending appointment of a new administrator.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
SUCCESSION CAUSE NO. 512 OF 2006
IN THE MATTER OF THE ESTATE OFGAKURU KIORUGARI –DSD
SISTER MARY ALOYSIE MUTHANJE.....................................APPLICANT
VERSUS
MICHAEL KATHURI GAKURU..........................................1ST RESPONDENT
JOHN NJERU GAKURU.....................................................2ND RESPONDENT
R U L I N G
The Applicant herein is one of the beneficiaries of the estate of the late Gakuru Kiorugari her father. The Administrator of the estate of the late Gakuru Kiorugari was one Eusephia Kiara Gakuru. She died last year before effectively executing the distribution of estate of Gakuru Kiorugari. The supervision of the distribution can only be done by an Administrator. Right now the estate of Gakuru has no Administrator and the Applicant cannot purport to be so acting. The deceased was also a beneficiary in the estate. This interest must be protected under Section 79 and 82 of the Law of Succession Act. The family should agree on who to substitute as Administrator to replace the late Eusephia Gakuru as Administrator and the relevant application be made. The new Administrator will then pick up from where Eusephia left inorder to supervise the subdivision.
Any action will therefore be put on hold awaiting the appointment of a legal representative which I hope will be soon.
The Application stands dismissed.
DATED, SIGNED AND DELIVERED AT EMBU THIS 18th DAY OF NOVEMBER 2011.
H.I. ONG’UDI
J U D G E