[2018] KEHC 7599 (KLR)
While the law generally gives priority to a son over a grandson in the appointment of administrators, the court recognized the democratic choice of the majority of the first house, who preferred the grandson, Bernard Githunguri Kamau. There being no evidence of unsuitability against either nominee, and in the...
Source-derived case information.
- Citation
- [2018] KEHC 7599 (KLR)
- Parties
- Applicant: Bernard Githunguri Kamau; Applicant: Geoffrey Ngugi Githunguri; Applicant: Sarah Njoki Maina; Applicant: Grace Njoki Kamenyi; Respondent: Peter Munga Githunguri
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 144 of 2001
- Procedural Posture
- Succession Cause / Ruling on Appointment of Administrators After Revocation of Grant
- Outcome
- Application for appointment of administrators allowed; grant to issue to the four nominees; cause transferred to Kiambu High Court.
- Judges
- DN Musyoka
- Legal Topics
- Appointment of Administrators, Customary Law Succession, Representation of Polygamous Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Bernard Githunguri Kamau
Applicant
Geoffrey Ngugi Githunguri
Applicant
Sarah Njoki Maina
Applicant
Grace Njoki Kamenyi
Applicant
Peter Munga Githunguri
Respondent
Procedural Posture
Succession Cause / Ruling on Appointment of Administrators After Revocation of Grant
Legal Issues
- 1 Who should be appointed as administrator to represent the first house of the deceased's estate.
- 2 Whether the court should give priority to a son over a grandson in the appointment of administrators under succession law.
- 3 Whether the majority decision of a house in a polygamous estate should prevail in nominating an administrator.
Ratio Decidendi
While the law generally gives priority to a son over a grandson in the appointment of administrators, the court recognized the democratic choice of the majority of the first house, who preferred the grandson, Bernard Githunguri Kamau. There being no evidence of unsuitability against either nominee, and in the absence of compelling reasons to override the majority's will, the court exercised its discretion to appoint the grandson as the representative for the first house. The court further appointed the agreed nominees from the other houses and ordered the issuance of a grant of letters of administration intestate to all four representatives. The matter was transferred to the High Court at...
Court Disposition
Application for appointment of administrators allowed; grant to issue to the four nominees; cause transferred to Kiambu High Court.
Orders
- Bernard Githunguri Kamau, Geoffrey Ngugi Githunguri, Sarah Njoki Maina and Grace Njoki Kamenyi appointed as administrators of the estate.
- A grant of letters of administration intestate shall issue to them accordingly.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 144 OF 2001
IN THE MATTER OF THE ESTATE OF GITHUNGURI THARA (DECEASED)
RULING
1. On 22nd March 2010, Dulu J made an order herein revoking the grant of representation in respect of the estate of the deceased. The deceased was a polygamist, having married four wives under customary law. It was required that the four houses agree on representation. I am told that three of the houses have agreed on the persons to represent their respective houses, one house has however been unable to settle on a nominee.
2. The houses that have nominated representatives are the second, third and fourth houses; and the proposed nominees are Geoffrey Ngugi Githunguri, Sarah Njoki Maina and Grace Njoki Kamenyi, respectively. The contest in the first house is between Bernard Githunguri Kamau and Peter Munga Githunguri, grandson and son, respectively, of the deceased. Members of the said house, save for Peter Munga Githunguri, favour the grandson as against the son. The grandson had been proposed by a son of the deceased who had himself been proposed as administrator but declined on grounds of age.
3. Efforts to reconcile members of the first house on the matter have failed, despite meetings convened by the area Chief in 2013. I had directed the parties to file submissions on the matter. One side argues that the son should have priority over the grandson, while the other argues that the grandson is the person that the majority in that house has nominated as their representative.
4. Appointment of administrators is at the sole discretion of the court, of course upon taking into account all the circumstances of the case. In this case, the son ought to have priority over the grandson of the deceased, and should be the automatic nominee under ordinary circumstances. However, I do note that members of the first house have exercised their democratic right to determine who ought to represent them as administrator, and the lot has fallen on the grandson. Beyond that none of the parties have sought to persuade me as to the lack of suitability of the two prospective nominees. Let the majority have their way, even as the minority has had the opportunity to have its say on the matter.
5. The final orders that I shall make in the matter are as follows:
(a) That I do hereby appoint Bernard Githunguri Kamau, Geoffrey Ngugi Githunguri, Sarah Njoki Maina and Grace Njoki Kamenyi as administrators of the estate of the deceased herein;
(b) That a grant of letters of administration intestate shall issue to them accordingly; and
(c) That, as the estate comprises of property situated exclusively within Kihara, Kiambaa of Kiambu County, this cause shall be transferred to the High Court of Kenya at Kiambu for final disposal.
6. It is so ordered.
DELIVERED, SIGNED AND DATED AT NAIROBI THIS 2ND DAY OF FEBRUARY, 2018.
W MUSYOKA
JUDGE