[2022] KEHC 13193 (KLR)
The court held that it lacked jurisdiction to re-open or alter the distribution of the deceased's estate after the certificate of confirmation had been issued and the beneficiaries had participated in the proceedings without appealing or seeking review. The doctrine of functus officio applied, rendering the court...
Source-derived case information.
- Citation
- [2022] KEHC 13193 (KLR)
- Parties
- Applicant: Elizabeth Njeri Mbatia; Respondent: Peter Kabui Mbatia; Respondent: Anastacia Wanjiku Kabui; Interested Party: Simon Thairu Mbatia; Interested Party: John Kariuki Mbatia; Interested Party: Gladys Njeri Mbatia; Interested Party: Margret Wanjiru Kungu; Interested Party: Jennifer Wambuku Mbatia; Interested Party: Jane Wanjiru Mbatia; Interested Party: Naomi Wambui Mbatia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2927 of 1999
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation/annulment of Certificate of Confirmation
- Outcome
- Application dismissed with costs.
- Judges
- AO Muchelule
- Legal Topics
- Succession, Revocation of Grant, Distribution of Estate, Functus Officio, Intestate Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Njeri Mbatia
Applicant
Peter Kabui Mbatia
Respondent
Anastacia Wanjiku Kabui
Respondent
Simon Thairu Mbatia
Interested Party
John Kariuki Mbatia
Interested Party
Gladys Njeri Mbatia
Interested Party
Margret Wanjiru Kungu
Interested Party
Jennifer Wambuku Mbatia
Interested Party
Jane Wanjiru Mbatia
Interested Party
Naomi Wambui Mbatia
Interested Party
Procedural Posture
Succession Cause / Ruling on Application for Revocation/annulment of Certificate of Confirmation
Legal Issues
- 1 Whether the court has jurisdiction to revoke or annul the certificate of confirmation after distribution of the estate has been finalized.
- 2 Whether the applicant and interested parties are entitled to a redistribution of the estate after participating in the initial proceedings without appealing or seeking review.
Ratio Decidendi
The court held that it lacked jurisdiction to re-open or alter the distribution of the deceased's estate after the certificate of confirmation had been issued and the beneficiaries had participated in the proceedings without appealing or seeking review. The doctrine of functus officio applied, rendering the court unable to entertain the application for revocation or annulment of the certificate of confirmation. The applicants' dissatisfaction with the distribution did not constitute grounds for revocation, as they had not pursued the appropriate appellate or review mechanisms. The application was therefore dismissed with costs.
Court Disposition
Application dismissed with costs.
Orders
- The application dated November 26, 2021 is dismissed with costs.
Full Case Text
Judgment text and source record
39 paragraphs
In re Estate of Jonathan Mbatia Kieya (Deceased) (Succession Cause 2927 of 1999) [2022] KEHC 13193 (KLR) (Family) (27 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13193 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 2927 of 1999
AO Muchelule, J
September 27, 2022
IN THE MATTER OF THE ESTATE OF JONATHAN MBATIA KIEYA (DECEASED)
Between
Elizabeth Njeri Mbatia
Petitioner
and
Peter Kabui Mbatia
1st Respondent
Anastacia Wanjiku Kabui
2nd Respondent
and
Simon Thairu Mbatia
Interested Party
John Kariuki Mbatia
Interested Party
Gladys Njeri Mbatia
Interested Party
Margret Wanjiru Kungu
Interested Party
Jennifer Wambuku Mbatia
Interested Party
Jane Wanjiru Mbatia
Interested Party
Naomi Wambui Mbatia
Interested Party
Ruling
1. In the ruling delivered on March 5, 2018 the estate of the deceased Jonathan Mbati Kieya was distributed to his widow Elizabeth Njeri Mbatia (petitioner/applicant) and his eight children. The deceased died intestate on May 6, 1999 and his estate comprised Dagoretti/Riruta/4654.
2. In the instant application dated November 26, 2021 the applicant and interested parties Simon Thairu Mbatia, John Kariuki Mbatia, Gladys Njeri Mbatia, Margaret Wanjiru Kungu, Jennifer Wambuku Mbatia, Jane Wanjiru Mbatia and Naomi Wambui Mbatia (who are seven of the deceased’s eight children) sought the revocation and/or annulment of the certificate of confirmation that was issued on March 5, 2018 following the distribution of the estate.
3. The application was opposed by the eighth child of the deceased Peter Kabui Mbatia and his wife Anastacia Wanjiku Kabui.
4. It is clear that the applicant and seven of her children did not like the way the court distributed the deceased’s estate to the beneficiaries. They are essentially seeking redistribution. They did not appeal the distribution, and have not sought to review the decision of the court. They participated in the proceeding leading to the distribution. Given the facts of the case, the court has no jurisdiction to re-open the distribution of the estate. The court became functus officio as far as the distribution of the estate was concerned.
5. Consequently, I dismiss the application with costs.
DATED AND DELIVERED ELECTRONICALLY AT NAIROBI THIS 27TH DAY OF SEPTEMBER 2022. A.O. MUCHELULEJUDGE