[2025] KEHC 5065 (KLR)
The court found that it is inappropriate to issue injunctive reliefs against individuals who are not personal representatives of the estate, as only duly appointed administrators have the legal authority and responsibility to manage and preserve the estate. The absence of administrators leaves the estate unmanaged...
Source-derived case information.
- Citation
- [2025] KEHC 5065 (KLR)
- Parties
- Applicant: Anthony Marine Nderi; Applicant: Jane Wangeshi Quail; Applicant: Billy Marine Nduati; Respondent: Kevin Wangombe Marine
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E098 of 2024
- Procedural Posture
- Succession Cause / Ruling on Application for Injunctive Relief and Appointment of Administrators
- Outcome
- Application dismissed; co-administrators appointed; directions issued for estate management.
- Judges
- SM Mohochi
- Legal Topics
- Succession, Administration of Estates, Appointment of Administrators
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Marine Nderi
Applicant
Jane Wangeshi Quail
Applicant
Billy Marine Nduati
Applicant
Kevin Wangombe Marine
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Injunctive Relief and Appointment of Administrators
Legal Issues
- 1 Whether injunctive relief can be issued against individuals not appointed as personal representatives of the estate.
- 2 Whether there is urgent need to appoint administrators for the estate of the deceased.
- 3 How to preserve and manage the estate pending full administration.
Ratio Decidendi
The court found that it is inappropriate to issue injunctive reliefs against individuals who are not personal representatives of the estate, as only duly appointed administrators have the legal authority and responsibility to manage and preserve the estate. The absence of administrators leaves the estate unmanaged and susceptible to misappropriation. Therefore, in the interest of justice and preservation of the estate, the court appointed the applicants as co-administrators and issued directions for the opening of a joint bank account for rental proceeds, cooperation among administrators, and timely petition for grant of letters of administration. The application for injunctive relief was...
Court Disposition
Application dismissed; co-administrators appointed; directions issued for estate management.
Orders
- Anthony Marine Nderi, Jane Wangeshi Quail, and Billy Marine Nduati appointed as co-administrators.
- Co-administrators to open a joint bank account within 60 days for all rental proceeds.
Full Case Text
Judgment text and source record
31 paragraphs
In re Estate of Herman Marine Nderi (Deceased) (Succession Cause E098 of 2024) [2025] KEHC 5065 (KLR) (28 March 2025) (Ruling)
Neutral citation: [2025] KEHC 5065 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause E098 of 2024
SM Mohochi, J
March 28, 2025
IN THE MATTER OF THE ESTATE OF THE LATE HERMAN MARINE NDERI (DECEASED)
Between
Anthony Marine Nderi
1st Applicant
Jane Wangeshi Quail
2nd Applicant
Billy Marine Nduati
3rd Applicant
and
Kevin Wangombe Marine
Respondent
Ruling
1. This Court is reluctant to issue injunctive reliefs against individuals that are not appointed personal representative of the estate of the deceased.
2. An estate of the deceased cannot be on auto pilot and there is urgent need to appoint administrators to responsibly manage the estate of the deceased and be held to account.
3. This Court in the interest of preserving the estate of the deceased hereby appoints:i.Antony Marine Nderi,ii.Jane Wangeshi Quail,iii.Billy Marine Nduati as co- administrators.
4. The administrator shall within 60 days cause the opening of a joint bank account from where all rental proceeds shall be deposited.
5. All co-administrators domicile abroad shall take measures to ensure they cooperate and play their role as administrators.
6. The co-administrators shall within 30 days present a petition for issue of grant of letters of administration.
7. Any monies forming part of this estate appropriated by any beneficiary shall accordingly be recovered from the share of such beneficiary.
8. This Court shall assign a mention date to confirm compliance.
9. Any aggrieved party has 45 days leave to appeal.
10. This Court shall not stay the proceedings and any party desirous to stay the proceedings should argue the same before the Court of Appeal.
11. The Application dated 5th February, 2025 is without merit. Parties to bear their own respective costs. Mention on 5th June, 2025. It is so ordered.
RULING READ, SIGNED AND DELIVERED AT NAKURU THIS 28TH DAY OF MARCH, 2025MOHOCHI. S. M.JUDGE